
    Executors of Phelps against Hall.
    On a motion to set aside proceedings in a bail-bond suit* the affidavit must be entitled in that suit, and not in the orjU ginal action,
    RODMAN moved to set aside the proceedings on the bail-bond in this cause, and. offered an affidavit,
    
      Sedgwick, contra,
    objected, that the affidavit was entitled in the original suit, whereas it ought to have been entitled in the bail-bond suit. (3 Johns. Rep. 448.)
   Per Curiam.

The affidavit should have been entitled in the bail-bond suit, instead of the original suit.

Motion denied.  