Byrne

A striking peculiarity of the action is, that the same person — Mary F. Byrne—is both plaintiff and defendent. In her simple, non-official character she sues herself as administratrix of the estate of her deceased father. As plaintiff, she actively prosecuted the action, giving material and important testimony for plaintiffs. As defendant, she failed to answer or demur, and her default was duly entered. Judgment was rendered in her favor as plaintiff, and against her as de *577 fend ant. The effect of the judgment is to give her and her co-plaintiffs seventeen hundred dollars, which, in her character of administratrix, she had received as the property of the estate of her father, and represented to be such in all her proceedings as administratrix from January, 1888, until May, 1890. Whether the money recovered by the judgment was the property of the estate of Michael Byrne or the property of the plaintiffs was the main issue tried; and this issue was raised by the pleading of the intervener, McGrath, a creditor of the estate, whose claim had been allowed, and who alone appeals from the judgment, and from an order denying his motion for a new trial.

The plaintiffs — five in…