Lyons

After argument in Bank, we are satisfied that the judgment should be affirmed.

The action is for the enforcement of a street assessment. Patrick Cunningham in bis individual capacity, and also Patrick Cunningham as a representative of the estate of May Cunningham, deceased, were made parties *29 defendant. The complaint charges Cunningham as “administrator” of the estate, and the summons is directed to him as “ executor.” The affidavit of service of summons shows that he was served as administrator. A default was entered against him as “executor.” Afterward, Roach succeeded Cunningham as administrator, and was substituted as defendant, and he appeals from the judgment in favor of plaintiff. His main point is, that the judgment against Cunningham as representative of the estate is void, because the summons and default name him as executor, while the complaint and judgment are against him as administrator. If we were compelled to decide this extremely technical point, we would be inclined to hold that the estate was substantially and fairly brought into court through its legal representative, and that the mistake or inadvertence by which he was called in some «of the papers…