Hurlbert v. Dean

It is now insisted on by the respondents that the plaintiffs are not entitled to the relief claimed by their complaint, by reason that there is a defect of parties defendants. The action is brought by the plaintiffs, as judgment creditors of Loomis F. Dean and Enos S. Brown, upon the return of an execution unsatisfied, to set aside an assignment made by the judgment debtors to the defendants, Delos W. Dean and Harvey Strong. It is claimed that the judgment debtors should have been made parties defendants. This objection should have been taken by demurrer or answer, and if not so taken, the…