Atterbury v. McGlinn

MacNeille, J.,

We are considering two rules for judgment for want of a sufficient affidavit of defense. The action is in assumpsit on a New York judgment against six defendants as copartners, trading as McGlinn & Company. The writ in the case before this eourt was served on two of the defendants, William J. Mc-Glinn and J. Russel Butler, who have filed separate affidavits of defense.

In the statement of claim, plaintiff alleges that she instituted an action against the same defendants in New York; that service of the summons and copy of the complaint was made “upon the defendants” and…