
    Pintard against Ross.
    Notice of a non-enumerated motion may be given for any day in term though' it will not be beard until the next non-enumerated day.
    T. A. Emmet, for the plaintiff,
    moved for an attachment against the defendant, forirot performing an award pursuant to the submission, which had been made a rule of the court.
    
      Johnson, contra,
    objected that the notice of the motion had been given for the first Wednesday in term, and not for the first day, or a day on which non-enumerated motions were to be heard.
    
      Emmet read an affidavit,
    stating an excuse for not giving the notice for a different day.
   Per Curiam.

The notice may be given for any day in term, but the court will not hear the motion except on a non-enumerated day.

Rule granted. 
      
      
         2 Caines, 259.
     