Moore v. Rice

Gould, Associate Justice.

The judgment in this case is complained of by both parties, the intervenor as well as the appellant having assigned errors. We have found, however, at the threshold of the case, the question, whether, after the death of Jane Eice, the sole plaintiff, the necessary parties were brought into court to enable it to proceed to judgment. After her death was suggested separate pleas of intervention were filed, by leave of court, by G. F. Moore and D. A. Hunn, claiming, by assignments from and under Jane Eice, all interest and all rights asserted .by her in her suit, and…