Hammond v. Johnson

LARSON, Justice.

Respondents, by petition for a rehearing have prompted us to again examine the record with a critical eye, and we find some irregularities in the record of the proceedings in the trial court which make it advisable that we. take note of some of them.

It is first contended that Julia Hills Johnson, one of the defendants in the final determination of the cause in the district court, was not properly before the trial court, nor represented, nor served with notice of appeal. During the pendency of the action, J. H. Johnson, one of the defendants, died. Letters testamentary of his…