McLaughlin v. Lagers

Opinion by

THREADGILL, O.

This case presents an appeal by W. A. McLaughlin, plaintiff in error, one of the defendants below, from a judgment of the district court of Ottawa county in favor of W. B. Lagers, defendant in error, plaintiff below. After the cause was filed in this court the plaintiff in error died and the cause was revived September 26, 1922, in the name of Elmer J. McLaughlin, as administrator. For convenience, the parties will be referred to as in the trial court.

On April 4, 1920, the plaintiff brought suit against the defendant and others by filing a petition which, omitting the…