Woehrlin v. Schaffer

We are precluded from examining the merits of this appeal, by the fact that the action is one for injuries to the person of the plaintiff, and that during the pendency of the appeal the plaintiff appellant died.

It is conceded that the action does not survive. — Rev. Stat., sect. 97. A brief however is filed by counsel claiming to represent appellant, asking us to review the action of the lower court notwithstanding, because the appeal is taken solely for the purpose of determining whether the judgment of the trial court should be affirmed, reversed, or modified.

In Lewis, Adm'r, v. St. Louis &…