Duly v. Hogan

The plaintiff commenced an action against Wm. Hogan, returnable at the August term, 1871, upon an account annexed for the price of certain stone, which he claimed to have furnished Hogan, to be used in_the construction of the Knox & Lin-*352coin Railroad, and summoned, the R. R. Co. as Hogan’s trustees. The action stood continued at the August term. Hogan dying in vacation, and his estate being represented insolvent, the plaintiff, at the December term following, suggested these facts and moved for leave to amend his writ, by discontinuing against the trustees and declaring against Oliver Moses…