Probate Court of Hopkinton v. Lamphear

This is a suit on a guardian’s bond. The writ was issued in the name of the Probate Court to which the bond was given and was served without being indorsed with the name of the person for whose benefit the bond was sued, namely, the former ward. The defendant pleaded the defect in abatement and the court below held the plea to be good, but nevertheless permitted the writ to be amended by adding by indorsement the name of the ward. The order for amendment having been excepted to, the question is whether the court below had power to make it, for amendments being discretionary where the power…