Lyon v. Lyon

* Corpus Juris-Cyc References: Appeal and Error, 3 CJ, section 1000, p. 1029, n. 90; section 1071, p. 1064, n. 99; Judgments, 34CJ, section 1003, p. 653, n. 37. The plaintiff obtained a judgment against the defendant in the circuit court of Jackson county, upon a promissory note. Motions for new trial and in arrest of judgment were filed and overruled. After these motions were overruled the plaintiff died. The death of the plaintiff was suggested, but no scire facies was issued. Then, within the time allowed by statute, defendant filed affidavit for appeal and the appeal was allowed by the…