
    Henry Felt vs. Hiram T. Hyde, Morton Fairchild and Thomas Kirkpatrick.
    
      Motion by Defendant Kirkpatrick for judgment as in case of non suit.— It appears this suit was severed and judgment taken against the first two defendants. Defendant’s attorney appeared, and pleaded for Kirkpatrick alone, and now moves on papers entitled with all the defendants.
    H. C. Whelpley, Defts Counsel. H. C. Whelfley, Defts Atty.
    
    C. Stevens, Plffs Counsel. Pruyn & Sotjthwick, Plffs Attys.
    
   Per Curiam.

Defendant’s papers are entitled wrong; they should be entitled Kirkpatrick impleaded, 8pc.

Decision.—Motion denied, with costs, without prejudice.  