Jackson, ex dem' Norton, against Stiles, Grover Tenant

Jackson, ex dem’ Norton, against Stiles, Grover Tenant. ALBANY, August, 1805. In ejectment, if the tenant swear to a good and substantial defence, the court will set aside a regular default, entered in consequence of the tenant’s in that the court was held at the circuit. RUSSEL moved to set aside the default and all subsequent proceedings, on an affidavit admitting due service of the declaration and notice, but adding, that be thought the supreme court, at which he was noticed to appear, sat at Salem, in the county where the lands ín question lie ; nor did know to the contrary till a few days before the circuit court, when he Was first informed that the supreme court did not sit at Salem, and that the court held there was only for the trial of issues joined in the supreme court, and that he had a good and substantial defence. Shephard contra, insisted that the sittings of the supreme court being regulated by statute, were matter of general notoriety, and therefore no excuse was shewn for the default. Besides, there had been a loss of a trial. [MAJORITY — Per curiam.] Per curiam. This is in ejectment: were we not to interfere, the possession would be changed. Take your motion on payment of costs.