
    Gelston, assignee of the Sheriff, against Swartwout, Manucaptor. 
    
    A service of notice must be on some person in the office or house where the attorney of the opposite party resides ; and it must be shown that everythin has been done to bring it home to the party.
    Wortman, for the defendant,
    moved to stay proceedings on the bail bond. It appeared that the attorney for the defendant in the original suit, had given notice of retainer and special bail at the same time, by leaving it at the office of the plaintiff’s attorney in his dwelling house, when no person was present. Two terms had elapsed before the present suit was commenced.
    
      Coleman, contra. ■
    
    
      
      
        а) S. C., C. C. 76.
      
    
   Per Curiam.

The notice was not duly served. It should have been given to some person in the house. To make the service of a notice good, it must be shown that every thing has been done to bring it home to the party. The service must be on some person in the office, and belonging there. If no person is there, it must be on some [one in the house where the attorney resides, or where his office is kept; and if there is no person there, it may be left in the office. But as there has been a negligence on *the [*1371 part of the plaintiff in not putting the bail bond in suit at the subsequent term, the bail ought not now to be fixed from the irregularity of the notice, which the prevalence of the yellow fever in the city at that,time may, in some measure excuse. Let the proceedings be stayed, on the payment of costs, and the justification of bail if required.

Rule granted. 
      
      б) Gra. Prac. 2d edit. 711, 712.
     