Parkman v. Sherman

Parkman v. Sherman. [MAJORITY] IN this cause the court determined, that when both notice and affidavit are wrong titled by reversing the parties and putting the defendant in the place of the plaintiff, the error is fatal; and this case was distinguished from that of Ryers v. Hillyer, because there, though the parties were reversed in the title of the notice, yet in that of the affidavit they were rightly named : so that, independent of the object of the notice in that suit, there was a proper title to rectify the mistake, but in this, where in every paper the action was, as if by the defendant against the plaintiff, there was not any thing by which the mistake could be cleared up, and the notice might, therefore, be in a cross-suit, where the parties actually were reversed. Ante, p. 185.