Dougherty v. Payne

April 6, 1920, plaintiffs in error, brought suit for malicious prosecution against Walker B. Hines, as Director General of Railroads. Hines having resigned as Director General, his successor, John Barton Payne, was substituted as defendant. A demurrer to the declaration having been sustained, on May 18, 1922, a judgment final thereon was entered.

March 26, 1921, James C. Davis succeeded Payne as Director General of Railroads and as Agent, by virtue of the President’s proclama*61tion, as authorized by section 206 (a) of the Transportation Act^ of 1920 (41 Stat. 456). But no motion has been made by…