
    James Kidd agt. Henry E. Brown, Impleaded with Ralph Johnson.
    A judgment entered against two defendants as co-partners on a cognovit signed by one of them, for the firm, after service of a declaration on the defendant, giving the cognovit, is regular against the defendants as joint debtors. (10 Wend. 630.)
    
      December Term, 1845.
    Motion for defendant Brown to set aside judgment for irregularity.
    This was a judgment entered upon a cognovit given by defendant Johnson for the firm of Johnson & Brown, who were co-partners. After *the service of a declaration on Johnson. Brown not having been served with declaration. Brown alleged he did not consent to it; judgment was entered against both defendants ai.d execution issued against the joint property of the defendants and the sole property of defendant Johnson.
    E. W. -Peckham, counsel for Brown.
    
    Peckhams & Colt, attorneys for Brown.
    
    F. 0. Shepard, plaintiff's counsel.
    
    Harris & Shepard, plaintiff's attorneys.
    
   Jewett, Justice.

The judgment is regular against the defendants as joint debtors. (10 Wend. 630.) The motion must be denied, with costs.

Rule accordingly.  