Executors of Doolittle v. Executors of Ward

The affidavit of the service of the copy of the declaration and notice of a rule to plead, on which a default is entered, must be positive and sufficient, at the time when the default is entered ; it cannot be supplied by a subsequent knowledge of the fact of its having been received. The belief of the defendants’ attorney, in this case, was founded altogether on his knowledge of the course of the mail. The rule must be granted.