
    Dryden H. Campbell vs. Eliza Spencer.
    When service of papers is made by leaving them in a conspicuous place in the office, the affidavit must state, that there was no person in the office at the time.
    
      Motion by defendant to vacate a stipulation referring this cause.—This motion was denied on the ground of defective service of the papers for the motion. The affidavit of service reads as follows : “ being duly sworn, says, that on the 27th day of January, instant, at about 5 o’clock in the afternoon of that day, he served on L. H. Card, the plaintiff’s attorney, a copy of the foregoing affidavit and notice, by leaving the same in a conspicuous place in his office at the time above mentioned, the said L. H. Card being then absent therefrom.”
    0. Allen, Lefts Counsel. R. H. Martin, Lefts Atty.
    
    M. T. Reynolds, Plffs Counsel. L. H. Card, Plffs Atty.
    
   Nelson, Chief Justice.

The affidavit does not come within the rule, it should state that no person was in the office at the time of such service.

Motion denied, with costs, without prejudice.  