
    
      Byron and another ads. Lefferts.
    
    THE declaration, with oyer, was served on the defendant’s attorney, and afterwards, having been discovered to be incorrect, was amended, and served de nova, without a new oyer, the one delivered being correct: the defendant’s attorney refused to receive this de - claration, without a new oyer, on which the plaintiff proceeded and entered a default; and now
    
      
      T. L. Ogden, for the defendant,
    moved to set the default aside.
    
      Hopkins, contra.
   Per Curiam.

The service of oyer de nova was altogether unnecessary. The defendant must take nothing by his motion.  