Miller v. Bank of America National Trust & Savings Ass'n

THE COURT.

The respondents moved this court to dismiss an appeal from a judgment of the Superior Court of Yolo County on the ground that it abated as to the interest of J. M. Miller on account of his death, which occurred before the judgment was entered. The appellant then moved this court to substitute, as party plaintiff, Robert Powell, the assignee of Miller’s interest. Both motions were heard on affidavits. The cause was not submitted on the merits of the appeal.

The facts upon which the appeal to this court was perfected occurred as follows: The defendant, Chico Production Credit…