General
Jackson, ex dem., Norton and others, against Gardner
2 Cai. 95·New York Supreme Court of Judicature·1804·NY
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Opinion
*Jackson, ex dem., Norton and others, against Gardner.
An affidavit of service, stating it to be by leaving notice and copy on the table of the opposite attorney, is not good, unless it alsb set forth that there was not any one in the office.
Van Veohten moved, on the common affidavit, for judgment as in case of nonsuit for not proceeding to trial, but the affidavit of service stated only that it was made by leaving copies on the table of the attorney’s office, about one o’clock in the afternoon*
[MAJORITY — Per Curiam.]
Per Curiam.
The affidavit is defective ; it does not set forth that there was no one in the office. The notice might have been slipped down without any intimation, and have remained there unobserved. To make such a service good, it ought to have been stated there was not any one in the office. The defendant can take nothing by his motion.
Motion denied.