Sullivan v. Associated Billposters & Distributors of United States & Canada

ROGERS, Circuit' Judge

(after stating the facts as above). The question which is now presented to this court is simply whether it was error for the court below to deny the plaintiff’s motion to continue the action against the executors of Samuel Pratt, deceased, and to substitute them as defendants in his place and stead. As the answer to that question depends upon the character of the aetion in which substitution of the executors is sought, the nature of the aetion which it is sought to continue, and in which this substitution of parties is sought, is important, and- so has been set forth in…