Take your motion. It is the settled practice, that the party who makes the case must serve a copy on the other party. (Peck v. Peck, 14 John. Rep. 219. Jackson v. Harrington, 4 Cowen’s Rep. 537.) If this be not done at least four days before the term, the consequence is, that on the opposite party showing this fact by affidavit, the motion upon the case must be denied, provided the party moving for the denial have noticed the argument on his part
Motion for a new trial denier