Megrath v. Gilmore

The opinion of the court was delivered by

Scott, J.

This case was before this court upon a former occasion (10 Wash. 339, 39 Pac. 131), to which reference can be had for a statement of the nature of the action. Pending the former appeal, Kirkman died, and it was stipulated in this court that the executors of his will might be substituted as defendants in his stead. When the second trial was begun *560the defendants moved to dismiss the action’ as against Kirkman’s executors on the ground that there is no survival of liability against the representatives of a deceased joint debtor. This point has…