Majority
p. 344[656] Lockwood vs. McLean.
Headnote
An admission by an agent of due service of notice of motion is not enough, if it be shown that full notice was not given.This was a motion to set aside an inquest. The defendant produced an admission of due service of notice, signed by the agent of the plaintiff’s attorney. The plaintiff read an affidavit of the agent that short notice was given.
By the Court,
This case is distinguishable from Talman v. Barnes, (12 Wendell, 227,) where an admission of due service was held sufficient, though it was shown that short notice was given. The admission there was by. the attorney; here it is by the agent, who had no power to dispense with the full notice. The motion is denied with costs.