Lingo v. Rich

This is a suit in equity. The court below appointed an administrator ad litem for one of the defendants, who was a non-resident of this State, and who had died after the institution of' the suit but before service had been perfected upon him. To the appointment of such administrator the other defendants objected; the court overruled their objection, and to this ruling they excepted pendente lite, and assign error thereon in the bill of exceptions in *629this case. The court below submitted the case to an auditor, who made a report of his findings of law and fact. The plaintiff excepted to the…