There is no doubt that when a plaintiff takes his default, but inadvertently omits to file common bail, in a case proper for it, He should always be permitted to make his proceedings good by doing this nunc pro tunc. Upon such a case being presented by affidavit and notice of motion, it is a matter of course to grant a rule that it may be done.
Rule accordingly, (a)
Vid. 2 Cowen’s Rep. 43, per Sudam, Senator.