
    KINSEY against HOLLINSHEAD.
    ON CERTIORARI.
    Attorney may not sue in her own name.
    The action below, was brought by the defendant in error, against the plaintiff, in her own name, styling herself the attorney of Edmund Hollinshead, executor to [*] the estate of James Hollinshead, deceased; [277] and the state of demand charged the defendant below, as indebted to the estate of James Hollinshead for the rent of land. The objection taken was, that the plaintiff below, could not sustain an action in her own name, for a debt due to third person.
    
      C. Kinsey, for plaintiff.
   By the Court.

— Although we reluctantly reverse fair and honest judgments, and we have reason to think this one, yet we cannot sustain it. The action should have been in the name of Hollinshead the executor; in which case, the plaintiff below, might have produced to the justice her letter of attorney, as an authority to sue in his name; but she had no right of action in herself. Therefore,

Judgment must be reversed. 
      
       S. P. post, 411. Coxe, 33, 372. 1 Chit. P.4
      
     