Griswold v. Hill

THOMPSON, Circuit Justice.

This is a motion to set aside an order entered in this ■cause on the 2d .day of September, in this present term, dismissing the complainant's bill with costs. The motion .is founded on un affidavit stating, that the defendant died before such order was entered. It now appears that Hill died on the first day of this term. By the common law, the death of one of the parties before judgment, abates the suit. There can, therefore, be no doubt but that the order was irregularly entered, and must be set aside. But the question arises, whether the court may not direct the…