
    Smith against Ingraham.
    UTICA,
    August, 1827.
    Distance puted* by ° the usually traveled route; not the mail route, atotheusuaiíy traveled one.
    tarme between the residence of attorneys, by which to determine when the service of papers agenfc6 °n the
    H. Denio moved for judgment as in case of nonsuit, on proving service upon the agent of the plaintiff’s attorney ju vacation,
    J. A. Spencer, contra,
    read an affidavit that the attorneys for the respective parties lived within about 30 miles of each other, by the usually traveled road; .though, he adnfitted, that, by the mail route, the distance was more than . 40 miles,
    
      Denio
    
    insisted that the rule allowing service on agents, where the attorneys do not reside within 40 miles of each other, had reference to the mail route.
   Curia.

Distance, in the rule, means by the usually traveled road; not the mail route, unless this be also the usual one.

Motion denied.  