Blodgett

This is an appeal from a judgment of dismissal of an action for libel, which was rendered upon motion at the death of the accused.

The appellant commenced an action for libel against George H. Greenfield. ITis answer was filed controverting the essential- allegations of the complaint. The defendant then died. Upon proceedings duly had, his widow, Eva K. Greenfield, was appointed and qualified as executrix of his estate. Subsequently, on June 27, 1927, on ex parte motion of the plaintiff, upon suggestion to the court of the death of the defendant, the executrix in her representative capacity was substituted as a party defendant. July 7th the respondent filed a supplemental answer setting up only the death of her husband, her appointment as executrix of his estate and the substitution as defendant, praying for the abatement of the action. At the same time she filed a demurrer on the ground of her misjoinder as a party defendant, together with a formal written motion for dismissal of the action with costs, supported by an adequate affidavit of the death of her husband. Notice of this motion was duly served and upon the hearing thereof on July 13th, despite the opposition of…