6 Cow. 588
Decided February 15, 1827
New York Supreme Court · decided 1827-02-15
The defendants were, by mistake, treated by the plaintiff as joint debtors; part being returned by the sheriff as taken, and part not found. He declared against those taken as impleaded with the others. The defendants taken, demurred to the declaration specially; and the plaintiff joined in demurrer. This was before Whitaker v. Young, (2 Comen, 569,) was decided.
Decided 1827-02-15
¶1An order made by this court, in the terms of the stipulation, would, we think,have warranted the amendment by bringing in the defendants not taken; and proceeding against them as the plaintiff has done in this instance. The plaintiff is, therefore, regular.
¶2Papers returned to counsel, with the expression of the above opinion. No rule was entereds