
    REID, MURDOCK & CO. vs. CIRCUIT JUDGE (Benzie),
    4 D. L. N., 899.
   To vacate a common order defaulting plaintiff for not filing declaration in a case commenced by capias.

Gi'anted, on the ground that the default was prematurely entered; that plaintiffs were entitled to file their declaration at any time before the end of the next term after the return of the writ; that the proceedings in such case are governed by statute (2 Iiow. 7312) and not by rule.  