Elliott v. Kern, Rec.

ON MOTION TO STRIKE OUT. A petition to transfer the above entitled cause to the Supreme Court shows that on March 15, 1928, the Appellate Court affirmed a judgment of the probate court of Marion county against Robert Elliott, sole appellant on appeal; that thereafter, on April 22, 1928, appellant Robert Elliott died; that on May 14, 1928, the attorneys of record, who had represented decedent in his lifetime in the prosecution of his appeal in the Appellate Court, filed therein a petition for a rehearing in the name of the decedent. A motion by appellees to strike the petition for a rehearing…