Espino v. Nash & Manchester

*168 By the Court,

Bronson, J.

As a default for not joining in demurrer had not been entered, the plaintiff had a clear right to amend as against the defendant Nash; and as he could not exercise that right without affecting both of the defendants, I think Manchester as well as Nash must answer the amended declaration. (Thomas v. Allen, 2 Wend. 618.)

Motion denied.