
    Williams vs. Blauvelt.
    An affidavit en which to move for judgment as in case of nonsuit in an action of replevin, is insufficient unless it state that neither party has noticed the cause for trial.
    
      JL. Taber, for the defendant, moved for judgment as in case of nonsuit in an action of replevin, on an affidavit which stated that the plaintiff had neglected to notice or bring the cause to trial at a circuit where it might have been tried.
    
      S. B. H. Judah, for the plaintiff, objected that the affidavit was not sufficient, because it did not state that neither party had noticed the cause for trial. (2 R. S. 530, § 46.)
   By the Court,

Bronson, J.

The objection is fatal.

Motion denied, 
      
       See Poltz v. Curtis, (9 Wend. 497.)
     