Sherrard v. Nevius

Nevius and others brought an action of debt against Wooley and Sherrard. The suit was founded on a judgment rendered in the Circuit Court of War*242ren county, in New Jersey. The process in the present suit was returned, as to Wooley, not found.

Sherrard filed three pleas. The first plea was rejected on the plaintiff’s motion. The second plea, so far as it is necessary to state it, is as follows:

That one McMillan had fraudulently appeared and confessed the action mentioned in the declaration, without any authority to appear and answer to said action for him (Sherrard). This plea also avers, that…