Majority
p. 23Beekman against Reed. objected that the notice of the motion was insufficient for the present term.
Headnote
A motion, though on the calendar, must be noticed for the particular term at which it is intended to be made.A notice of a motion for a particular term, and that if not then made, it will be continued on the calendar from term to term until it shall bo made, is insufficient.
S. A. Foot, moved to bring on the argument of this cause upon affidavits made for the purpose of a motion to set aside the report of referees upon the merits. The cause was on the calendar; and he read the proof of the service of a notice that a motion would be made to set aside the report, upon the affidavits, at the last August term, at the Academy' in U tica; and if it should not then be made, that the cause would be continued on the calendar from term to term, until it should be brought on.
J. M’Kown,
The notice is insufficient; and we cannot hear the motion. The regular practice is to notice for the particular term at which the motion is to be made; and we must not allow this course to be departed from, where no reason is shown for it. Causes cannot be continued in this manner by a single notice running from term to term.
Motion denied.