Fitzgerald v. Benadom

Defendant in error recovered judgment against John Sheedy in the district court of Lancaster county, for $40.87 and costs. Defendant below subsequently filed a petition in error in this court for the purpose of having said judgment reviewed. On suggestion of his death since the filing of the petition in error, the action was revived in the name of the administrators of his estate, S. M. Melick and John Fitzgerald. The action was originally commenced before a justice of the peace and brought into the district court by appeal. A motion was made in the district court to strike out the petition,…