Denny v. Guyton

A second appeal. Suit was begun in the Circuit Court of Jackson County by Josiah C. Wolcott against J. D. Guyton, H. M. Beers and W. ■ R. Harrington, and the administrator of J. M. Grant. Wolcott dited before the trial and the suit progressed in the name of his executor. After" trial, while the ease was pending on appeal, J. D. Guyton and H. M. ¡Beers died and tbe cause was revived against tbe executors of eacb.

On tbe first trial there was a judgment for plaintiff which, on motion of defendants, was set aside and new trial granted. Tbe first appeal was from that order. On a bearing tbe first…