Hartigan

PatrickHartigan died June 13, 1886, from injuries alleged to have been received through the negligence of the defendant. He left a widow, the plaintiff in this action, but no children; also a will, of which he named John McCarthy as executor. The will being duly proved and admitted to probate, and letters testamentary issued to McCarthy, he brought an action .against the present defendant for damages for the injuries resulting in the death of his testator. Afterwards, and before the answer was filed to the complaint in that action, the plaintiff herein brought this suit against the same defendant, and upon the same cause of action. She then filed an intervention in the suit brought by the executor, denying the right of the executor to maintain the action, and praying that he be not allowed to proceed therewith. *143 To that intervention the executor answered, and the defendant answered to both the complaint and the intervention, — both after demurrers had been interposed thereto and overruled. In that former action an offer was made to allow the plaintiff to take judgment for the sum of five thousand dollars; the offer was reported to the probate court, and upon hearing of…