John Catron

“ The proceedings in the Circuit Court are scarcely less irregular and extraordinary.
1. The petition is addressed to the court by a name unknown to the law.
2. The suit is instituted against D'Arcy alone, upon a joint judgment against two, without assigning any reason for omitting the only party who had appeared in the New York court, and who alone appears to be party to the proceedings and verdict in that court. ”

“ The above judgment was rendered against D'Arcy as well as George H. Gossip, under a statute of the State of New York, which provides that, 'where joint debtors are sued and one is brought into court on process, he shall answer the plaintiff; and if judgment shall pass for plaintiff, he shall have judgment and execution, not only against the party brought into court, but also against other joint debtors named in the original process, in the same manner as if they had all been taken and brought into court by virtue of such process ”

“ It alleges in substance that about December, 1846, George H. Gossip and James D'Arcy were jointly and severally indebted to Ketchum, Rogers, and Bement, who recovered a judgment against said Gossip and D'Arcy in the Superior Court of the City of New York, for $1,418.81, and costs of suit, with interest on the principal sum after the rate of seven per cent. ”

“ This principle is dictated by natural justice, and is only to be departed from in cases expressly warranted by law and excepted out of the general rule.' See also p. 475.
The objections here urged were distinctly presented to the Circuit Court and overruled. ”

“ The defendant excepts to said judgment, that it does not follow the verdict; that the same is not signed, and is not final; and that the same, with the record of proceedings in the suit in which the same was rendered, is not properly certified, as required by law; and the said record is upon its face incomplete.
'4th. The defendant pleads prescription.
'If the above exceptions and plea are overruled, the defendant for answer says, that he does not owe the plaintiffs in manner and form as set forth by them; that he is in no way indebted to them ”

“ On account of a variance as to the day, Lord Kenyon nonsuited plaintiff, and the court refused a rule to set aside the nonsuit. In Green v. Bennett, 1 T. R. 656, an action against defendant for negligence as attorney, the return of the writ as laid in the declaration varied from that in the record, and it was held fatal. In Purcell v. Macnamara, 9 East, 160, the case of Pope v. Foster was overruled, on the single ground that the day constituted no part of the description of the judgment; had it been so laid, the variance would have been fatal. The case of Green v. ”