SMITH v. HADLEY

A bill in equity may be amended by substituting one of the defendants for the plaintiff, by whom the bill cannot be maintained.

CARPENTER, J.

The administrator has no interest in the case, and is not a proper party. The bill may be amended by substituting in his place as plaintiff any one of the defendants, and thereupon there will be a

Decree for the plaintiff.

BINGHAM, J., did not sit: the others concurred.