Tobin v. Downey

This is an action of contract in which the plaintiff seeks to recover compensation for personal services alleged to have been rendered to Annie Hagerty, who died while the action was pending. She had been represented in the case prior to her death by one George E. B. Paul, Esquire, an attorney, who filed an answer and declaration in set-off in her behalf. Following her death the plaintiff moved that Mary A. Downey, the executrix of the will of the deceased, be ordered to come into court and defend the action. This motion was supported by an accompanying affidavit. No notice was issued…