
    Marklar and another ads. M'Evers.
    THIS caufe was noticed for the New-York circuit in June lail, but the notice was only pf eight days : the defendant living more than forty miles diftant, coniidered the notice void, and paid no regard to it. Inqueft was taken, and when notice of taxation was given, application was made to a Judge to flay proceedings • and now the question came up, whether this Court would fet aiide the verdiét ?
   Per Curiam.

The notice, though defective, was fufficient to put the defendants upon enquiry, and they ought to have made their application at the next Term.

The defendants are now too late, and muff take nothing by their motion.  