Majority
p. 76*Henry Bennett agt. Joshua Pratt, Jr., et al. February Term, 1846.
Headnote
Papers for a motion must be served, if they are to be read on the motion. Where defendants’ attorney served a notice of motion to quash a writ of error, and particularly set forth the grounds he relied upon, and also served notice of retainer at the same time, which service was admitted by plaintiff’s attorney : the defendant’s counsel was not permitted to read any other papers on the motion, than those served.Motion by defendant to quash the writ of error in this cause.
Plaintiff’s counsel objected to the service of the papers for this motion. It appeared that the notice of motion and a notice of retainer, from defendant’s' attorney, was served on plaintiff,
p. 77
who was attorney in person, and service by plaintiff admitted. Mo other papers for the motion were served.
W. J. Dodge, defendants’ counsel.
S. Bexford, defendants' attorney.
P. Cagger, plaintiff's counsel.
H. Bennett, attorney in pro. per.
Plaintiff’s counsel objected to any other papers being read, than those served.
Denied the motion, with costs, without prejudice.