Bagg v. Hunt — 2 Wend. 243

Majority

p. 243

Bagg vs. Hunt and another, executors, &c.

Headnote

Not necessary s?te party°mth ”or bookan

Motion to strike cause from calendar. This is a writ of error from the Jefferson common pleas, on a bill of exceptians, signed in February, 1827, noticed for argument at the present term. The motion was made to strike the cause from the calendar, on the ground that an error-book, or copy of the bill of exceptions, had not been served on the defendants’ attorney.

J. Clarke, for defendants.

E. Fowler, for plaintiff.

The rule requiring a copy of a paper on which a calendar cause is to be argued, to be- served on the opposite party, applies only to a case made. There is no rule of practice requiring the service of a copy of an error-book. That it is not necessary to serve a copy of a demurrer-book, is expressly decided. (20 Johns. R. 275.)

Motion denied with costs.