Fields v. Middleton

Opinion op the Court by

Judge Dietzman

Dismissing appeal.

In this action brought by' the appellant, who wasi plaintiff below, for injuries received by him on account of an alleged assault made upon him by the appellee, defendant below, in the course of an alleged arrest of him by the appellee, there was judgment for the defendant, and the plaintiff has appealed.

After this case had been submitted in this court, a motion was made to dismiss the appeal because of the death of the appellee. No brief was filed in support of that motion and on the assumption that the motion was based on the ground…