Anderson v. Ackerman

— This suit was commenced by the appellee against the appellant and one Joseph Harris, in the Elkhart Circuit Court. Afterwards, upon the appellant’s application, the' venue of the cause was changed to the court below. There the death of the defendant Joseph Harris was suggested, and, after such suggestion, the record contains the following recital : “ Thereupon appears in open court the defendant John Anderson, and consents that the' administrator of Joseph Harris, deceased, need not be made a party, and that the trial shall proceed just as though he, the said administrator, was in court.”

The…