Ralston v. Chapin

Suit was brought in the Bay circuit court on two judgments against defendants, by ‘assignees of the judgments. The action was begun by declaration which was served on Chapin who regularly appeared and pleaded on the 7th day of June, 1881. Before the case was tided, but at the term in which it was to be tried and after certain depositions had been taken, the other defendant Beppart appeared and pleaded, having never been served with declaration. Thereupon plaintiffs moved to set aside this plea as unauthorized, and the motion was granted and the plea stricken out. Exceptions were taken on the…