
    MOORE, PLFF. IN ERROR, v. LANCASTER, WHO SUES FOR ADAMS.
    Appeal — equitable assignment — error.
    In a case appealed, the plaintiff cannot substitute another plaintiff in the Appellate Court nor change substantially the action; and if he does so, it is error.
    The assignee or equitable holder of paper not negotiable, cannot sue in his own name, though his interest may be protected in a court of law.
    Error to the Court of Common Pleas. The record shows that a suit was originally brought before a justice of the peace in the name of F. W. Adams, plaintiff. An appeal was' taken from the justice, on which a declaration was filed by Lancaster, for the use of Adams. Judgment was rendered for the plaintiff Lancaster. This is alleged tQ be erroneous.
    
      Keenin, for the plaintiff in error,
    cited 1 Gh. PI. 8; 22 O. L. 397; 29 O. L. 178.
    
      Clough and T. Scott, contra,
    insisted that it appeared by the record that the suit was brought on a note assigned to Adams, which was not negotiable, and as the interest in equity was in Lancaster, there was no error.
   By the Court.

A suit was brought by Adams before a justice against the plaintiff in error, from the judgment rendered against him, and he appealed. In the Court of Cc&nmon Pleas, Lancaster filed a declaration, and obtained judgment. The Common Pleas had no authority to proceed to judgment in any other than the case brought before it by appeal. The record shows that cause abandoned, and another, by a different person, substituted, and a judgment taken by default. Upon the new case the defendant was not in court. This is erroneous, and the judgment is reversed with costs.

The interest of an equitable holder of a note or bond not negotiable, may be protected in a court of law, but such holder acquires no legal right to sue in his own name, although the bond or note is assigned to him.  