8 Cow. 119
Decided February 15, 1828
New York Supreme Court · decided 1828-02-15
The recorder of New York made an order to supersede an execution against one Eoyall, m custody at the suit of Crosby, on process issued by the C. P. of New York. This was founded on an order tó show cause, which the relator’s attorney insisted was not regularly served, there being no C0Py finished to him.
Decided 1828-02-15
¶1This is not a case of agreement between the attorneys ; but of waiver. There is no doubt that an attorney may waive, by parol, the service of a paper, or any formal requisite in its service; and we should hold him to it, notwithstanding our 12th general rule of April term, 1796, which is, in substance, like the rule in question.
¶2Motion denied.