
    William against Brown.
    If a notice °f pethimf'm partition, and of moving to appoint com-mention*8’ a wrong place, this will bo rejected as surplusage.
    No place need be mentioned in such
    In partition, the notice of presenting the petition and moving for the appointment of commissioners, was October term last, at the City-Hall of the city of New-York, v instead of the Capitol in the city of Albany. A rule having been taken upon that notice,
    
      L. F. Stevens, now moved to set it aside.
    
      T. Mumford, contra.
   Curia.

If the place of moving had been entirely omitted the notice would notwithstanding have been good The place of our terms, is fixed by a public law, of which every one must take notice at his peril. The addition of a wrong place, by mistake, is mere surplusage, and may he rejected. The motion must be denied with costs.

Motion denied.  