
    Hinde against Tubbs.
    NEW YORK,
    Oct. 1813.
    Where a detorney receiv&e5ofrítriai," therefore "attend the eirinquest? was theedefendant by default, of which the attorney was not informed until it was too late to apply at the next term to set aside the default; It was held that the notice of trial, though not regular, was sufficient to put the defendant’s attorney on inquiry, as to the plaintiff’s proceedings, and that he ought to have applied at the next term after the inquest was taken*
    A MOTION was made, in behalf of the defendant, that the inquest taken in this cause and all subsequent proceedings therein, *3e set as^e. Issue was joined in the cause the 18 th May last, ant*on the same day, the defendant’s attorney received a notice of trial for the Onondaga circuit, to be held on the 31st day of May, being less than 14 days’ notice, to which, by the rules of the court, was entitled. Considering the notice of trial as insufficient, the defendant’s attorney did not attend the circuit, and the plain- . ^ . ’ r tiff took an inquest, by default, m the cause. The affidavit read also stated, as an excuse for not applying at the 1a~t term to set aside the inquest, that the defendnnt's attorney did not know of the plaintiff's attorney having proceeded to the trial of the cause, nader the notice he had given, until his return home from attending the supreme court in Albany, on the 9lh August, when he found that a copy of the bill of costs, and notice of taxation had been served, the 5th August, on a clerk in his office, in Cherry Valley, when, on account of the distance, it was too late to apply at the. last August term. There was no affidavits of merits.
   Per Curiam.

The defendant’s counsel in this case received short notice of trial, and that was sufficient to put him on inquiry. He ought, therefore, to have applied at the next term, which was in August. The motion must be denied.

Motion denied.  