Waller v. Nelson

This is an action of debt, founded on a promissory note for $2,205. It was commenced by Thomas J. Portis, as administrator of the estate of Albert Waller, deceased, on March 31st, 1866, against George L. Brother-ton and James C. Taylor. The summons purports to have been executed on both of the defendants, on April 2d, 1866. But the complaint was afterwards amended, and the name of Brotherton was stricken out, without objection ; and the cause was permitted to proceed without him. There was a bill of exceptions; and the record and the bill *532of exceptions show, that Taylor died in September,…