Helfstein v. Milikovsky

Flood, J.,

Plaintiff brought this action of assumpsit against defendants in 1934 to recover the *259balance of a book account relating to a series of horsetrading transactions. On October 25, 1938, prior to the trial, Henry Milikovsky, one of the defendants, died. His widow, Ida Milikovsky, was granted letters of administration in November 1938. Plaintiff thereupon filed a suggestion of death and substitution of the administratrix as party defendant, and in April 1938 a scire facias issued. This was served on April 26, 1939, on the surety on the administratrix’s bond, the sheriff in his return…