Gish Banking Co. v. Leachman's Administrator

• Opinion op the Court bp

Chief Justice Hobson—

Overruling.

The judgment appealed from was rendered on January 31, 1914. Time was given until the next term to make up a bill of exceptions. Sam Leachman, one of the defendants, died intestate on March 15, 1914, and administration was granted on his estate on June 24,1914. The bill of exceptions was filed in the circuit court after his death, and before the action had been revived against the administrator. A motion has been entered in this court by the appellant for an order of revivor, and the appellees have entered a motion to dismiss the appeal.