By the Court, Savage, Ch. J. Take notice of a rule to plead would be a good notice endorsed on a declaration served on an attorney, and surely the service of a declaration, with a notice like that endorsed in this case on a party, was enough to put him on inquiry. There is no complaint that the defendant *has been misled ; and it is manifest, therefore, that this is an attempt to take advantage of a mere inadvertence. The motion is denied with costs.