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Moyle v. Gillingham

1 Cai. 73 Court N.Y. Sup. Ct. English

Contents

Majority

p. 107
Moyle against Gillingham.

Headnote

Service of notices on agents for non-enumerated motions.

Notice may be served, on an agent in town, on the first day of term, to show cause on the next day for non-enumerated motions; but then, it must be accompanied with a sufficient excuse for not having been for the first day.[2] If the excuse be received, the adverse party will have till next term to send into the country to his principal, for counter affidavits.[1]

(b) (b) The rule is, that a notice for any day in term is good, if shown why it was not for the first; but the motion will be heard only on a non-enumerated day. 2 Caines' Rep. 259 . Pintard v. Ross, 2 Johns. Rep. 186 .

[2] [2] See the New York Code of Procedure, secs. 402, 410, ei seq • Rule 35 of Supreme Court.