Allen v. Hazen

The defendant is proceeded against as the debtor of Gilbert C. Hubbard, against whom the plaintiff has obtained judgment. It is objected that this judgment is ineffectual, because, first, the order of default purports to be based on a return of service made by the under-sheriff in his own name; and second, an affidavit had been placed on file showing that an error occurred in the copy of declaration served, consisting in the omission of the name of the county in the entitling.

There is nothing in either of these objections. The recital in the order for default was unimportant, and the return…