Daly v. Daly

HENRIOD, Justice:

Appeal from a judgment in a divorce action. Affirmed in part and reversed in part.

Plaintiff, Leah M. Daly, Executrix of Mrs. Eva Dean Daly, the deceased wife of defendant, which latter was the original plaintiff that started this divorce action, was made such plaintiff by order of substi*885tution entered by the trial court. Such substitution was error in our opinion and was vulnerable to a motion to vacate.1 Although we think the error may have been dispositive of this case procedurally, we do not concern ourselves with such issue, since no one pressed it, but think the solution…