Per Curiam.
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.
Vide Smith v. Sharp, 13 Johns. Rep. 466. Root v. Taylor, 18 Johns. Rep. 335.