1 How. Pr. 192
Decided June 15, 1845
New York Supreme Court · decided 1845-06-15
Motion by defendant to set aside declaration for irregularity.—The capias was issued against Joseph Joesbury and Samuel Lugard, for libel, and an order thereon endorsed requiring the defendants to be held to bail. Joesbury appeared by Adams & Watson, his attorneys, and put in special bail in the cause, “ Joseph Joesbury impleaded with Samuel Dugard ads. Chester Hull Jr. On the 8th May, 1845, Adams & Watson were served with p declaration against Joseph Joesbury alone.
Decided 1845-06-15
¶1The defendant moved on the ground that the declaration must conform to the capias. That one defendant only could not be declared against in tort, where the capias was returned personally served on him, and a return of non est inventus as to the other.
¶2Thought differently—and denied the motion, with costs.