Lewis v. Austin

A judgment was obtained in New York in favor of Marshall A. Lewis, for the benefit of one Spofford, *384Lewis having no beneficial interest in it. Lewis died soon after, and' his widow, Mary A. Lewis, was appointed his executrix, and assigned the judgment to Spofford. Spofford afterwards commenced an action in the Superior Court on the judgment, in the name of M. A. Lewis, intending Marshall A. Lewis. The only question of law is whether it was in the power of the Superior Court to allow an amendment of the writ, substituting the name of Mary A. Lewis as executrix, for that of M. A. Lewis, and…