Alvord v. Gere

Gere brought suit against Alvord, Sullivant, Claypool and Davison, to recover damages alleged to have been sustained by him through the upsetting of a stage-coach to the amount of 2,000 dollars. Process was served on Alvord, and returned not found as to the other defendants. Alvord was defaulted, and judgment rendered against him for 2,000 dollars, on the 5th day of the term,. *386and the suit was dismissed as to the defendants not served.

I. P. Usher and W. II. Mallory, for the appellant. (1).

Two days afterwards, being the 7th day of the term, Alvord appeared and moved that the judgment be set…