
    Fitzroy against Card and others.
    A copy of the affidavit on which a special motion is founded, must be served on the opposite party.
    A motion was made for judgment, as in case of nonsuit, for not proceeding to trial, on the usual affidavit; but no copy had been served on the opposite party.
   Per Curiam.

It is a rule of practice, without exception, that whenever a special motion is to be made, founded on an affidavit, a copy of such affidavit must be regularly served on the opposite party.

Rule refused. 
      
      
         C. C. 63. Campbell v. Grove, infra, vol. 2, 105. Bergen v. Boerum, 2 Caines’ R. 256, 258, N. B. Clark v. Frost, 3 id. 125. Wilcox v. Howland, 6 Cowen, 576. Graham’s Prac. 2d edit. 678.
     