Mitchell v. Matthews , 2 How. Pr. 21 ( 1845 )

* Jewett, Justice.

The affidavits show 6learly that the suit was not necessarily prosecuted in the right of the intestate, and besides there is some evidence that the suit was brought and conducted in bad faith. (2 R. S. 615, § 17 ; 9 Wend. 486.) Motion granted with costs.