Nichols v. Beardsley

This is an appeal from an order of th'e district court of Creek county vacating a judgment formerly rendered in said cause. The order from which this appeal is taken was made in the trial court on the 5th day of March, 1928. The defendant in error F. M. Coonrod has filed in this court his motion to dismiss the appeal for the reason that subsequent to the rendition of the judgment or order appealed from and prior to the filing of this appeal, and on April 1, 1928, D. Beardsley, named as defendant in 'error, died, and that no revivor of the cause in the name of his heirs or legal representative…