Graham ads. Storey

Graham ads. Storey. IN this case, no attorney having been retained for the defendant, the declaration was served by being put up in the clerk’s office; on the 19th day afterwards, the plaintiff’s attorney received a notice of retainer, but having served the declaration in the above manner, he did not consider himself bound, to serve it de novo, and no plea having been put in, he entered judgment for default in pleading. And now Hopkins for defendant moved to set it aside, insisting that by the Rules he had a right to a service of the declaration on himself de novo, after notice given of his retainer. Bleecker, contra, objected, because it would be to allow a defendant to take advantage of his own negligence, and thereby obtain double the time usaally allowed to plead. [MAJORITY — Per Curiam.] Per Curiam. If a declaration is served by being put up in the clerk’s office, and an attorney for defendant appears at any time within the 20 days, he is entitled to service de novo. Motion granted.