
    Card ads. Fitzroy and others.
    
      EjeBment. ¾ 7TOTION for judgment as incales ■IVX of nonluit, for not proceeding to trial, on the ufual affidavit; but no copy had been ferved on the oppofite party.
   Per Cur.

It is a Rule of praQice without exception, that whenever a fpecial motion is to be made founded on affidavit, a copy of fuch affidavit mull be regularly ferved on the oppofitc party.

The defendant takes nothing by his motion»  