State ex rel. Wilkes v. Brooks

This is a proceeding- brought under the Ouster Law (Thompson’s Shannon’s Code, section 116a37 et seq.) to have Brooks removed from the office of justice of the peace. The Circuit Judge decreed in favor of Brooks, and the relators appealed. Pending the appeal Brooks died, and his death has been suggested and admitted of record. Thereupon the attorney of record and the personal representatives of Brooks entered a motion for an order to abate the cause because of said death following final decree in the court below. The motion is resisted by the appealing relators.

The motion must be allowed. The…