
    Read and others, executors, &c., against Patterson.
    A defendant has r'iead atterTi/er ®hm’í?ehdead ™ 5 dayVoniy of pieadingremain«hen oyer was demanded, the pfeaddfn 5 days after oyer is gi-
    
      Sampson, for the defendant, moved to set aside the default, and all subsequent proceedings in this cause. He read an affidavit, stating, that the declaration was served on the defendant, on the 15 th of February last; and on the first or second day of March, the defendant delivered to the plaintiffs a demand of over 0f the letters testamentary, &c. On the 26th of May fol- <■' i ♦ m i t v lowing, the attorneys of the plaintiffs delivered to the defendant a COpy or 0yer 0f the letters testamentary; and on the 13th of June the defendants tendered to the plaintiffs’ attorneys á plea of the general issue, which they refused to receive, saying they had, some days before, entered a default against the defendant for Want of a plea.
    
      Henry, contra,
    objected that the default was regular; that the defendant had the same time to plead, after oyer given, as he had at the time he demanded it. When the demand of oyer was made by the defendant, in this case, five days only of the time for pleading remained unexpired; and the plea was not tendered until 18 days after oyer was given.
    
      
      
        Auki,i!VsTmi Rep' 256'
    
   Per Curiam.

The default was regularly entered. It can be set aside only on payment of costs.  