De Haven v. Tomer

— This action was brought to recover a money judgment. The trial'was to the court without a jury, and during the trial one of the plaintiffs, Mrs. Clementine Empens, died suddenly in the courtroom. Thereupon the case was continued, but not to a' specific date. Before the case again came on for trial, the other plaintiff, E. Empens, died, and Leona de Haven, the “executrix of the estates of Clementine .Empens and Isador Empens, deceased,” was substituted as party plaintiff. Later, the case again came on for trial or the completion of the trial, and resulted in findings of fact from which the…