Davis v. Schlemmer

This action was brought by one Nicholas Schendorf against appellants to have a certain judgment adjudged satisfied, and to enjoin the collection thereof by execution. After the commencement of the action said Schendorf died, and appellee was duly appointed administrator of his estate, and, bjf order of court, substituted as a plaintiff.

It appears from the special finding of facts that the appellant, John Hitch, on March 9, 1894, recovered a judgment against appellee’s decedent and one Margaretta Lutz for two hundred and seventy-seven and 75-100 dollars, and that on April 14, 1894, one Stephen…