After receiving notice of bail from the defendant, in propria persona, it was regular to serve the copy of the declaration on him; and the plaintiff was not bound to deliver a new copy and notice to the attorney who was afterwards retained. But as the defendant has made affidavit that he has a good defence on the merits, and no trial has been lost, the default is set aside, on payment of costs.
Rule granted.(a)
(a) See, to the same point, Kleecke v. Styles, 3 Johnson, 250.