
    Moyle against Gillingham.
    Service of notices on agents for non-enumerated motions.
   Notice may be served, on an agent in town, on the first day of term, to show cause on the next day for non-enumerated motions; but then, it must be accompanied with a sufficient excuse for not having been for the first day. If the excuse be received, the adverse party will have till next term to send into the country to his principal, for counter affidavits. 
      
       The rule is, that a notice for any day in term is good, if shown why it was not for the first; but the motion will be heard only on a non-enumerated day. 2 Caines' Rep. 259. Pintard v. Ross, 2 Johns. Rep. 186.
     
      
       See the New York Code of Procedure, secs. 402, 410, ei seq • Rule 35 of Supreme Court.
     