Smith v. Joyce

The first question in the case arises upon the construction' of section 763 of the Code of Civil Procedure, which provides: “ If either party to an action dies, after an accepted offer to allow judgment to be taken, or after a verdict, report, or decision, or an interlocutory judgment, but before final judgment is entered, the court must enter final judgment, in the names of the original parties, unless the offer, verdict, report, or decision, or the interlocutory judgment is set aside.” The question is, whether, in an action for the foreclosure of a mortgage, where all *74the defendants, except…