Banks v. Employers' Liability Assur. Corp.

REEVES, District Judge.

Heretofore, towit, on November 10, 1943, an action between the same parties, being numbered 1520, was dismissed by the court. The reason for the dismissal was that the suit originally filed in a state court and removed to this court was in the name of J. W. Banks, plaintiff, against defendant here named. It appeared that J. W. Banks had deceased several months before the suit was filed. The administrator was then substituted for the original plaintiff. The original suit having been filed after the death of the named plaintiff, the court properly made an order of…