Opinion
May, 1912.
The defendant might well have been entitled to a change of the place of trial if the motion had been timely, but it was not, for it was noticed for December thirtieth. The defendant did not ask for specific relief from the mistake made in the first notice, which the court in its discretion might have afforded. The order is affirmed, with ten dollars costs and disbursements. Jenks, P.J., Hirschberg, Thomas, Carr and Woodward, JJ., concurred.