Hoffman v. Lowell

The opinion of the. court was delivered by

Gabbison, J.

On November 9th, 1893, the plaintiff to an action in contract against joint defendants suggested upon the record the death of one of the defendants and obtained from the court leave to amend his declaration accordingly; he also obtained a rule against the surviving defendant to plead to the amended declaration within thirty days after the service of a copy of the said rule upon his attorney.

On April 19th, judgment by default was entered, no plea having been filed. The allegation of the defendant is that the above-mentioned rule was never…