
    Jackson, ex dem. Metcalfe, v. Woodworth.
    
    THE affidavit for judgment, as in case of nonsuit in this cause, was made by the clerk of the attorney for the defendant, and though it stated a notice for trial, it did not allege that the suit was not tried.
    
      
      Weston for the "plaintiff,
    reliécl' On the above circumstances as conclusive against the application.
   Per Curiam.

For the reasons assigned, you can take nothing by your motion.  