ERROR to the Circuit Court for the Southern District of Mississippi. A summons was issued in the southern district of Mississippi, to John H. Randolph, stating him to be the administrator of Algernon S. Randolph, deceased, to answer the defendant in error, Israel Barrett, the administrator of Joel F. Randolph, of a plea of trespass on the case, returnable to May term 1839. To this writ the marshal returned, 'Executed personally on J. H. Randolph, April 23d 1839.' The plaintiff below, on issuing the writ, filed a declaration against John H. Randolph, as administrator of Algernon S. Randolph, deceased, for acceptances of bills of exchange, for the use of the plaintiff's intestate; for money paid, laid out and expended; and on an account stated amounting to the sum of $5000 and upwards. On the 26th of April 1839, John H. Randolph, having appeared to the action, filed the following plea: The said John H. Randolph comes and defends, &c., when, &c., and prays judgment of the plaintiff's writ and declaration, because he says, that he the said John H. Randolph is not administrator of the goods and chattels, rights and credits which were of Algernon S. Randolph, at the time of his death, nor hath he ever administered as such upon any of the goods or chattels, rights or credits of the said Algernon S. Randolph, but that he, the said John H. Randolph, is the only executor of the last will and testament of the said Algernon S. Randolph, who has qualified as such, and this he is ready to verify; wherefore, he prays judgment of the said writ and declaration, and that the same may be quashed, &c. At May term 1839, the plaintiff and defendant being in the circuit court by their attorneys, on motion of the plaintiff's attorney, it was ordered by the court, that he have to amend his writ and declaration herein, which said amendment is made accordingly, by striking out the words, 'administrator of all and singular the goods and chattels, rights and credits, which were of Algernon S. Randolph, at the time of his death, who died intestate,' and inserting 'executor of the last will and testament of Algernon S. Randolph, deceased;' and thereupon, it was further ordered, that this cause be continued till the next November term of the court aforesaid.