Fortune v. Gilbert

The defendant in error, in an action of debt in the superior court, recovered a judgment against plaintiffs in error and one Patrick O’Toole. The plaintiffs in error and O’Toole perfected an appeal to the Appellate Court. After the assignment of errors, but before the submission of the appeal for decision, the said O’Toole died. The Appellate Court was not advised of his death, and the cause was submitted to it for decision as though all of the parties were alive. The Appellate Court entered judgment affirming the judgment of the superior court as against the plaintiffs in error and said…