To compel respondent to strike a declaration from the files, in a case where service thereof was made at 2 o’clock p. m. and no declaration was filed or rule to plead entered in the office of the clerk of the Circuit Court until 9 o’clock p. m. of the same day.
Denied June 17, 1880, on the ground that Courts will not inquire into fractions of a day where the defendant has not been misled.