
    Administrators of Ryerson against Ryerson.
    ON CERTIORARI.
    Suit against one, where there are two administrators, 
    
    
      
      
        Dickerson vs. Robinson, 1 Hal. 195. Smith vs. Van Houten, 4 Hal. 382. Cole vs. Smalley, 1 Dutch. 374. Hunt vs. Kearney, Pen. *721. Acts of 1871 p. 59. For the rule in equity, see Mulford vs. Allen, 1 Gr. Ch. 288. Abraham Coursen’s Will, 3 Gr. Ch. 410. Rinehart vs. Rinehart, 2 McC. 44, and Marsh vs. Oliver, 1 McC. 259.
      
    
   The plaintiff below brought his suit against one only, whereas there were two administrators. The defendant filed no plea in writing, but at the trial moved for a non-suit upon that ground. The justice overruled the motion, and judgment was given for the plaintiff. The administrators sued out the certiorari, to be relieved from this judgment; and the court ruled, 1. That the error in bringing the suit was fatal. And 2. That a defendant need not plead it in abatement, in writing, in the court for the trial of small causes, but might take advantage of it, by motion for a nonsuit.

Judgment reversed.  