Rowell v. Crofoot ( 1846 )

Bronson, Chief Justice.—Held,

that to authorise the motion to be made in behalf of David Crofoot and Isaac Crofoot, Jr. only, the affidavit should have shown that a default had been obtained against Isaac Crofoot; and that if the motion was intended to be made for all the Defendants, the word “ impleaded ” should have been omitted in the title of the affidavit and notice of motion.

Motion denied with costs.