Anderson v. Robinson

Robinson sued the testator of plaintiff in error jointly with one Freeman Lathrop, before a justice, but Lathrop was not served, and did not appear. The declaration was for a joint claim on contract against both defendants as partners. Anderson appeared and pleaded the general issue, and Eobinson recovered a joint judgment upon the joint demand against both defendants. Anderson took a general appeal, and while it was pending in the circuit court, died. His death was suggested of record, and the court allowed his executrix, the plaintiff in error, to assume defense of the action. A trial was…