
    Mc Evers against Markler.
    
    A motion to set aside proceedings for irregularity must be made at, the next term after the irregularity happens. .
    Eight days notice of tria] was given in this cause, for .the last circuit in New York. . ■ ■ . x .
    
      ■ The defendant being more than forty miles from the place of trial, considered the notice given as void, and paid no regard to it. An inquest was taken by default, and the defendant now moved to set aside the verdict.
    
      
       S.C, C. C. 93.
    
   Per Curiam.

Though the defendant was entitled to fourteen days notice of tñal, yet the notice that was given was sufficient to put him on inquiry, and he ought to have made his application at the last term. Having suffered a term to intervene since the verdict was taken, he comes too late with the present motion.

Rule refused. 
      
      
        а) Gra. Prac. 2d edit. 679, 680.
     