
    ISAAC SNEDIKER v. MOSES QUICK.
    To constitute a legal service of a rule of court, the copy served must be certified under the signature of the clerk of the court.
    
      W. Hoisted
    
    moved for judgment by default, and produced an affidavit of the service of a copy of the rule to plead on the attorney of the defendant. The copy of the rule served, was in these words “it is ordered, that the defendant plead within thirty days, or that judgment by default be entered against him on motion of W. Halsted, attorney for plaintiff.”
    
      Hamilton
    
    objected, that this was no legal service of the rule. The copy of the rule ought to be certified by the clerk of the court to be a true copy.
   By the court.

— Theobjection is well taken. The copy of the rule is not certified to be a true copy by the clerk of the court. Whether it is necessary, that the copy should be under the clerk’s own proper hand writing, may admit of a doubt; but on this point the court express no opinion. The copy of the rule must however be certified under the signature of the clerk.

Motion refused.

Cited in Harwood v. Smethurst 2, Vroom, 503.  