John McLean

“ He is not a party to the suit, nor is he responsible for costs. The use of the name of the husband is merely formal, and the misnomer alleged could not have misled the defendants in error. Nor could they have been misled by the omission in the notice of the capacity of trustee, in which the defendant below was sued, and in which he necessarily prosecutes the writ of error. The acceptance of the service of the notice by the counsel of the defendants in error, without exception, shows that there could have been no misapprehension in regard to it. The motion to dismiss the case is overruled. ”

“ The suit was brought by Martha Phipps and Mary Rice; and in the petition they are called Martha Phipps and Mary Bowers, wife of Charles Rice, 'who is authorized and assisted in this suit by her said husband, Charles.' The defendant is named 'Elijah Peale, in his capacity of Trustee and Assignee of the President, Directors, and Company of the Agricultural Bank of Mississippi.' The decree is in favor of Martha Phipps and Mary Rice. ”