Foote v. Emmons — 2 How. Pr. 89

Majority

p. 89

Jeremiah Foote agt. Roderick J. Emmons.

Headnote

Where one defendant mdves in a cause where there are three defendants, his papers should be entitled with the defendant moving, impleaded with the others.

Where defendant’s attorney moves for one defendant and* entitles Ms papers with the defendant moving ads. the plaintiff, when there are three defendants in the suit; motion will be denied with costs, for wrongly entitling the papers.

February Term, 1846.

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.

J. W. Paddock, defendants counsel.

Steele & Hughstone, defendants attorney.

J. H. Collier, plaintiff's counsel.

Morehouse & Lathrop, plaintiff's attorney.

Plaintiff’s counsel objected to the entitling of defendant’s papers; that they should have been entitled, JEmmons im

p. 90

pleaded with the other defendants. There was no such suit as the one in which defendant’s papers were entitled.

Denied the motion with costs, on the objection taken.