Upon the facts as stated in the case the exception must be overruled. The mere fact that the bankrupts have obtained their discharges does not conclusively show that they are-nominal parties. The case was not dismissed as to them. They still remain parties to the action, and may be interested in some- *241 issue developed during tbe course of tbe trial, as, for instance, tbe issue of a new promise since their discharge. Jenks v. Opp, 43 Ind. 108; Oatis v. Harrison, 60 Ga. 535. The case does not disclose what the pleadings were, if there were any, or what reply the plaintiff made to the plea of a discharge in bankruptcy. Under these circumstances the court cannot hold as a matter of law that there was error in the exclusion of the evidence offered. P. S., c. 224, s. 16.

Exception overruled.