¶1The indorsement on the execution was corrected before • the papers for this motion were served, and all is now right. Although the correction was not made until the papers had been prepared, I think it is not a case for giving the defendants costs of the motion. Motion denied.
2 How. Pr. 267
Stow v. Smith
Decided September 15, 1846
New York Supreme Court · decided 1846-09-15
Motion by defendant to set aside an execution issued in the second cause, or to correct the indorsement on it according to statute. It appeared that the plaintiff recovered judgment by default in both the above causes. In the first cause, on two promissory motes, signed by, defendant, Smith, as maker, one of which was indorsed by the defendant, Wright, and the other indorsed by another person and not indorsed by Wright.
Decided 1846-09-15