Majority
p. 22Honay & Chapman against Chesterman. moved to bi;ing on the motion for a new trial, on a case made, in its order on the calendar. read an affidavit made by the plain tiff’s attorney, of the service of a notice of argument by the plaintiff’s attorney on the defendant’s attorney ; also an affidavit that the defendant’s attorney, who made the case, had not served a copy of it on the plaintiff’s attorney on or before the 15th October, the term commencing on the 17th; and moved that the motion for a new trial be denied upon this ground.
Headnote
. If the party making a case, do not serve a copy of it upon the opposite party, at least four days before the term at which it is noticed for argument by the opposite party; on an affidavit of this fact, and of service of notice of argument, the relief sought by the case will bo denied.J. L. Wendell, for the defendant,
S. A. Foot, contra,
Take your motion. It is the settled practice, that the party who makes the case must serve a copy on the other party. (Peck v. Peck, 14 John. Rep. 219 . Jackson v. Harrington, 4 Cowen’s Rep. 537.) If this be not done at least four days before the term, the consequence is, that on the opposite party showing this fact by affidavit, the motion upon the case must be denied, provided the party moving for the denial have noticed the argument on his part
Motion for a new trial denier