
    Root, administrator of Edwards, against Taylor.
    Where the venue in a causéis chan-tlfe ’ ruie^for renXIst‘bt plal^ff'sattoE-ney-
    
      N. WILLI JIMS, for the defendant, moved for judgment ,. . ^ , • • i ... as in case ot nonsuil, tor not bringing the cause to trial, according to the course and practice of the Court. It appeared that the venue was laid in the county of Albany, and that the issue was joined in June last. At the last August term, the venue was changed, on motion of the defendant, from the county of Albany to the county of Montgomery ,- and the defendant's affidavit stated, that he had received no notice otthe trial of the cause, nor was the same brought to trial at the last Montgomery circuit, held in September last.
    
      Foot, contra,
    read an affidavit, stating that the cause was noticed for trial, as an inquest, at the last circuit in the county of Albany, and an inquest taken in the cause on the 3d °f October last; and that no copy of the rule for changing the venue had ever been served on the plaintiff’s attorney, /
    
   Per Curiam.

The motion must be denied. A copy of the rule for changing the venue ought to have been served on the plaintiff’s attorney.

Motion denied.  