2 How. Pr. 89
Decided February 15, 1846
New York Supreme Court · decided 1846-02-15
Motion by defendant to set aside default, &c. This suit was commenced by capias against three defendants, to wit: Timothy Sabin, Roderick J. Emmons and Ira .Carpenter, and served on them. Declaration filed 1st November, 1845, and judgment perfected December 1st, 1845, against all the defendants.
Decided 1846-02-15
¶1Plaintiff’s counsel objected to the entitling of defendant’s papers; that they should have been entitled, JEmmons im*90pleaded with the other defendants. There was no such suit as the one in which defendant’s papers were entitled.
¶2Denied the motion with costs, on the objection taken.