
    * Jonas Clark, Judge, &c., versus John Lowe.
    in debt on an administration bond, the defendant, who was an original obligor, was described as trader and administrator, &c., and held good.
    The defendant was summoned, by the name of “ John Lowe, of, &c., trader, and surviving administrator of the goods and estate
    
      which were of Simeon Fernald, late of, &c., deceased,” to answer to the plaintiff, judge of probate for the county of York, in a plea of debt, for that the said John Lowe, with other persons named, and who have since deceased, on, &c., at, &c., by their bond of tho" date, sealed with their seals, and in Court to be produced, bounc themselves to Edward Cutis, Esq., then judge of probate, &c.
    The defendant, after oyer of the bond declared on, demurred to the declaration, and the plaintiff joined in demurrer.
   By the Court.

The objection is that the defendant is sued as administrator, while the declaration is against him personally on his own bond. But the objection is not well founded. He is described as J. L., trader, and surviving administrator, &c. This last is a true description of the defendant, and if it were not, it might bt rejected as surplusage,

Bradbury for the plaintiff

Freeman for the defendant.

Respondant ouster awarded. 
      
      
         Talmage vs. Chapel & Al. 16 Mass. Rep. 71. — Buffum vs. Chadwick, 8 Mass Rep. 103.
     