
    Edenton,
    
      May Term, 1789.
    SAVAGE’s EXECUTORS versus RICE.
    THE court, after argument, said they had considered the case, and were of opinion, and so laid down the rule, that where a party lives out of the state, the adverse party may give notice to such absent party, or his attorney in court, as he may choose.
   This opinion was delivered by

Williams, J.

who said it was the court’s opinion: the other two Judges being present, and assenting tacitly,

In every instance, except where a witness is about to remove (in which case ten days notice is to be given by act of Assembly) the court will fix the time to be given on such notice. 
      
       2, 1777, 2, 41, 306.
     