IN partition, after service of the petition and notice, Hopkins moved for a rule to appear and answer. The court at first thought this a rule of course ; but on the counsel’s observing, that proof of service was by the act required to be made to the satisfaction of . the court, and that the manner of the service would, according to the act, vary in particular cases, the courts seemed to coincide, but said that the rule must be , drawn qp as the party should be advised.