
    Nathaniel Parsons versus Francis Plaisted and Others.
    Where one, who had been improperly made a co-defendant in covenant broken, died pending the action, the Court refused leave to strike out her name, but upon payment of costs.
    This was an action of covenant broken. One of the defendants was a feme covert at the time of making the covenants. At the last October term, Holmes, counsel for the plaintiff, moved for leave to strike her name out of the writ and declaration.  No order having been then taken on the motion, Holmes renewed it this term, at the same time stating, that since the last term the woman had died, and he suggested, that the motion might now be granted without the usual condition of the payment of costs.
    
      Mellen, for the defendant
    
      
      
        Colcord & al. vs. Swan & ux., 7 Mass. Rep. 291.
    
   But the Court gave the leave to amend only on condition of the payment of costs to this term, the death of the woman notwithstanding.  