Bescript.

At the March term, 1871, of the superior court, the petitioner, one of the defendants in the original action, was defaulted without appearance. He intended to appear by counsel which he had previously retained for that purpose.

He had a full, legal defence; but his counsel failed to appear and make it, for the reason that the latter mistakenly suj>posed that the petitioner’s co-defendant’s counsel also appeared for the petitioner.

Held — that a review be granted.