Majority
p. 597Anonymous.
Headnote
Where the papers for a motion are properly entitled, an affidavit of service imme. diately following, or endorsed upon them, though not itself entitled, is sufficient.In this case, the papers for the motion were properly entitled, and immediately following was an affidavit of service, which, however, was not entitled.
P. Cagger, for the motion,
was about to state the contents of the papers ; whereupon
p. 598
O. S. Brigham, contra,
objected that they could not be used, by reason of the above defect in the affidavit of service. But
overruled the objection, observing that where, as in this case, the affidavit immediately follows the papers for the motion, or where it is endorsed upon them, they being properly entitled, it is sufficient, though not itself entitled. It is good by relation to the entitling of the principal papers.
Motion granted.