By the Court,
Cowen, J.The admission of service goes only to the mode; and ought not to avail as a waiver of irregularity in the time of declaring.
But the answer derived from the notice of retainer is conclusive. Such a notice has, by rule 26, the effect of an appearance the same as if the defendant had actually entered an appearance with the clerk. This may be done as well before, as after the return day of the writ
Motion denied.