Thompson v. Payne — 1 Cole. & Cai. Cas. 441

Majority

p. 441

John Thompson and Charlora Adams v. Amaziah Payne.

Headnote

MOTION to set aside a default and all subsequent proceedings, on an affidavit of merits by the defendant, and two affidavits by the attorney and his clerk, that a notice of retainer had been duly served on the agent of the plaintiffs’ attorney, but which, from misapprehension of the Christian name of Adams, had been entituled John Thompson and Charles Adams against the defendant.

On the opposite side, the attomies of the plaintiffs swore positively, that they had never received any

p. 442

notice of retainer in the present suit, or any other, in the title of which the Christian name of Charles was used instead of Charlara.

There must have been some mistake in this business, and as merits are sworn to, let the default and proceedings be set aside on payment of costs.