Ryles v. Moore

Eeid, Chief Justice.

When this case was called for trial the defendant moved the court to strike an entry of default made therein, for the reason that at the time of the entry one of the plaintiffs was dead, and her administrator had not been substituted as a party. On this motion the court passed the following order: “Upon motion to strike the default judgment in the within case, the defendant’s counsel setting forth that Luzenia Eyles had died on Dee. 4, 1939, said statement of death being agreed to by plaintiff’s counsel, and the default order having been made on August 8, 1940, it is…