
    John D. Livingston vs. Peter Comstock, et al. Same vs. Same.
    
      Motion by defendants for judgment as in case of non-suit in each cause.—It was objected that the defendants papers in these motions were not properly served. It appeared that one of defendants’ attorneys served the papers in each of these motions, (which was done at the same time) by unlocking the office door of plaintiff’s attorney and leaving the papers in his office, no one being in the office at the time. Plaintiff cited (Howard’s Special 1'erm Rep., page 199.
    
      
    
    P. Cagger, Plffs Counsel. William C. Schuyler, Plffs Atty.
    
   Beardsley, Justice.

Papers not well served, as it is not shown that there was leave to enter the office, and make the service. Motions denied with costs, without prejudice.  