Ex parte Crosby
8 Cow. 119
N.Y. Sup. Ct.
1828
Check Treatment
Curia.

This 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.

Motion denied.