Gardner v. Boston

IRWIN, Justice.

This action was brought by the administrator of the estate of Harold Schonwald to vacate a judgment entered against decedent during his lifetime. The trial court, after submission of the case on stipulated facts,1 refused to vacate the judgment.

*438The parties stipulated that the following issue was presented:

“When, in an action on a contractual claim in which a judgment has been rendered against a party, such party dies during the appeal, and where the Administrator of such deceased party causes the action to be revived in his name as such Administrator and actively prosecutes the…