
    Caines against Gardner.
    
    The rule requiring a service of notice of proceedings to he made on the agent of the attorney residing at the place where the court sits, applies only to notices given during the term; and not to notices in vacation.
    BURR, for the defendant, moved to set aside the proceedings ■In this cause; but
    
      E. Williams objected to the motion being heal'd,
    because the -service of the notice had been on the agent of the plaintiff’s attorney, in Neni-Yorl, and he insisted that the service should have been on his agent in Albany, where the court was to sit; and referred to some manuscript decisions of the Chief Justice.
    
    
      
       This and the next ease arose, and were decided, at the last term.
    
   The Couht

said the rule requiring service to be made On the agent of the attorney, at the place where the court sits, had reference only to notices given in, or during, the term, 
      
      
         See Chapman v. Raymond, (8 Johns. Rep. 360.) Eighth rule of January term, 1799. (Rules of S. C. 36.)
     