
    Jackson, ex dem. Banyar and others, against Wilson.
    ALBANY,
    August, 1812.
    Where a verdict is set aside.an/anevT must be served on tlie plaintiff’s atíhe" defendant can a nonsuit, for not proceeding to trial.
    FOOT, for the defendant, moved for judgment as in case of nonsuit, for not bringing the cause to trial, &c.
    The cause had been once tried, and a verdict found for the plaintiff, which was set aside by the court, at the last term, and a * ■' v new trial granted. The plaintiff neglected to bring the cause to trial at the last circuit. It appeared that no copy or notice of the rule to set aside the verdict and for a new trial, had been served on the plaintiff’s attorney; and
    
      Mitchell, for the plaintiff, contended that, according to the English practice, service of a copy of the rule for a new trial was necessary, before the plaintiff could be considered in default.
   Per Curiam.

The English practice, in this respect, is proper and correct. And it is to be understood, as the practice of this court, that a copy of the rule for a new trial must be served on the plaintiff’s attorney before he can be in default, or the defendant can move for a nonsuit.

Motion denied.  