Majority — Marcy J.
p. 82Anon.
Headnote
Service of papers on an agent is good, where the attovnies for the adverse parties reside in different counties, although their'residence is within 40 miles of each other.A question arose ns to the construction of the eighth rule of 1st January, 1830, whether a service of papers on an agent was good, where the attornies for the adverse parties resided within 40 miles of each other, but not in the same county.
said, that though there migh! be doubt, whether such service would be good, according to a strict interpretation of the rule, yet that the court would hold it
p. 83
good. The facility of communication between attomies residing in different counties being so mnch less, than where they reside in the same count)7, the convenience of parlies required ilmt service on ageuls in such cases should be hold-en good, and such construction would accordingly be given to the rule.