Henshaw v. Brown

Action of contract in which the original writ commanded an attachment of “the goods or Estate of E. Coleman Brown, Jr.”, the defendant, “as he is administrator of the Estate of E. Coleman Brown”. The declaration sets forth that “the plaintiff says that the defendant owes him”. At the trial the plaintiff testified that his action was against E. Coleman Brown, deceased, and not against E. Coleman Brown, Jr. The trial judge thereupon ruled that the plaintiff could not maintain his action against the defendant in his capacity as administrator. The plaintiff then moved to amend so as to make the…