Ettlinger v. Ettlinger

Subsequent to the submission of this appeal on the merits, Isaac Lionel Ettlinger, by whom the appeal was taken, died, and on August 28, 1941, on stipulation, the representative of his estate was substituted as party plaintiff and appellant, and it was further stipulated that the rights of the parties did not abate upon the death of the said Isaac Lionel Ettlinger. However, the decedent will be hereinafter referred to as the appellant.

The appeal is from an order granting a nonsuit in a non-jury trial. The complaint bears the caption “Complaint for Declaratory Relief,” and appellant contends…