Felker v. Still

Where a suit is brought by an executor, and during its pendency the executor dies and a successor to him as representative of the estate is duly appointed and by appropriate order is made a party plaintiff in the case, and after verdict and judgment in favor of such plaintiff the defendant excepts to the overruling of a motion for a new trial, and the caption of the bill of exceptions names the deceased, “J. M. Carter, executor,” followed by the words “ct al.,” and in tlie body of the bill of exceptions the plaintiff in error names the deceased J. M. Carter, followed by the words “et al.,” as…