Holmes v. Humphreys

This case was considered at length when it was formerly before us, as appears by the report in 181 Mass. 181. There now remains for decision a question which then was *514left undetermined, because it was not before us, namely, whether the petitioners can proceed without an administrator of John E. Humphreys’ estate as a party respondent. It seems to be impossible for them to procure the appointment of an administrator, and if they cannot go on with the present parties their suit will be unavailing. See Hubbard, petitioner, 185 Mass. 22.

It before was held that an administrator was a proper party…