The plaintiff’s attorney was not bound at his peril to know whether special bail was in. To require this, would drive him to a search in all our Clerk’s offices. Special bail is not regularly in, until notice is given to the plaintiff ’s attorney. This case is as if no special bail piece had been filed ; and double the time for putting in special bail haying elapsed, the filing common bail and entry of the default were regular. The motion must be denied.
Motion denied.