
    Pell and Pell, Assignees of the Sheriff, &c. against Jadwin and others.
    ALBANY,
    August, 1808.
    On a motion to ceedtogiin* suit on the bailgularit” i:the affidavit is well entitled in the bail-bond suit.
    
      Foot, in behalf of the defendants,
    moved to set aside proceedings in this cause for irregularity,
    Sedgwick, contra,
    objected, that the affidavits ought not to be received, as they were entitled in the suit on the bail-bond, and not in the original action.
   „ . Per Curiam,

, , ihe papers are well entitled, and the defendant may také the rule on the usual terms.

Rule granted.  