Majority
p. 608Butterfield against Cooper. ALBANY, Feb. 1827.
Headnote
Motion to set aside a ca. sa. against the defendant, on ° the ground that no fi. fa. had first been issued; the defenc^anl having put in special bail. But the balance of proof upon the affidavits, was, that no regular notice of r r 1 % _° special bail had been given to the plaintiff’s attorney»The plaintiff ⅛ not bound to unless the de-fendantgivere-guiar notice thereof; and thcJspedaíbaií be in, issue a ca. «a, without first having issued a/./a. if there be no notice of bail given.
E. Fowler & J. II. Bronson, for the motion,
p. 609
G. C. Sherman, contra.
The plaintiff was not bound to know that special bail was in, without regular notice of bail. The motion must be denied.
Motion denied.