Thompson v. Peck

Opinion by

Mr. Justice Drew,

On September 20, 1934, plaintiffs instituted this action of trespass against H. A. Peck to recover damages for personal injuries alleged to have been suffered by the minor plaintiff as a result of Peck’s negligence. The writ was returned nihil habet. Thereafter plaintiffs discovered that Peck had died on December 3, 1933, and that letters testamentary had been issued to the executors named in his last will and testament. On December 22,1934, the plaintiffs petitioned the court to amend the caption of the case by substituting the executors as parties defendant, which…