The service of the notice of trial had no effect, nor was the defendant bound to take notice of it, until he had received notice of the change of venue ; and when that was, in fact, given to the agent of the defendant’s attorney, there were not twenty-eight days before the Oneida circuit. The motion is granted.
Motion granted.(a)
Vide Smith v. Sharp, 13 Johns. Rep. 466. Root v. Taylor, 18 Johns. Rep. 335.