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J

UDGMENT had been entered by non ʃum Inƒormatus in this caufe, as the Defendant did not appear on the day of trial. But Sergeant now moved to open the judgment, upon an affidavit that the Defendant had notice of the trial for the 17th, inftead of the 13th, and that there was a juft and confcionable defence.

Lewis, for the Plaintiff, faid, that he did not mean to conteft the matter, but he wifhed it to be fettled, whether the miftake of an Attorney, was, in fuch cafes, fufficient to fet afide a judgment.

by the court On a miftake of this kind, evidently appearing, we cannot refufe the motion.