
    STIMPSON vs. CIRCUIT JUDGE (Genesee),
    41 M., 3.
   To compel vacation of an order denying leave to file an amended declaration on duly suggesting of record the death of defendant.

Denied June 3, 1879.

The relator claimed that the declaration should be amended so as to show the change of parties.

Held, that the suggestion of a party’s death upon the record is enough, if undisputed, to have all the proceedings construed with it without amending, the declaration.  