[312]

These proceedings are irregular, and must be set aside, and rendered null. If Mr. Woolly was to be made a defendant, in the room of Wright, his clerk, the action against Wright should have been discontinued, and a new one instituted against Woolly. This might have been done by consent of parties; and possibly this was really intended: but it does not appear by the record to have been done. The declaration which was sent up, is actually against Wright. Proceedings made void.