The plaintiff herein served one Herbert S. Ackerman with a summons and. complaint in which the defendant was described as “ Herbert Ackerman ” and in which judgment was asked against the defendant for the amount of a tax unpaid on an assessment against him. Herbert S. Ackerman, the person served, put in an answer denying the allegations of the complaint, including the fact of the assessment j • and upon the trial it was shown that the assess*
Ordered accordingly.