Devol v. Halstead

The appellee filed a claim against “ The estate of Gorham TuftsP The case was so docketed, and as far as the record shows, was so prosecuted to a final determination below. The record shows that the “ parties appeared,” and that the “defendant” demurred, answered, made objection to the introduction of evidence, moved for a new trial, took bills of exceptions, &c. But as the representative of the estate was the plaintiff, and he had not by his complaint made an adversary party capable of defending, nor had the Court, by an order of record, in any manner made such party, the proceedings would,…