Anonymous

Court for the Trial of Impeachments and Correction of Errors

Decided December 15, 1842

Court for the Trial of Impeachments and Correction of Errors · decided 1842-12-15

v3. Taber, for the defendant, moved for judgment as in case of nonsuit on an affidavit in which the suit was entitled, A. B. impleaded with C. D. at the suit of the plaintiff. The suit was originally commenced against the two defendants, the one being maker and the other endorser of a promissory note ; but the suit had been severed and judgment perfected against one of the defendants before the other gave notice of this motion.

Decided 1842-12-15

¶1By the Courts

Bronson, J.

¶2The objection is fatal. After the severance of the action and judgment against one of the *20defendants, his name should no longer be used either in the pleadings or proceedings against the other defendant. But the motion may be renewed.

¶3Ordered accordingly.