The motion must be denied. The proceedings on the part of the defendant have been regular. The rule is explicit, that the defendant, having duly appeared, may, at any time thereafter, take a rule against the plaintiff to declare before the end of the term next following, after service of the notice of the rule. Where the service of the notice is at any time before the term, the plaintiff is in default, if he does not declare before the end of the term.
Motion denied.