Terrel v. Lowdermilk

CARMODY, Justice.

Appellant, who was the defendant below, seeks to reverse the action of the trial court, sitting without a jury, in granting a judgment in favor of appellee.

For ease in understanding, the parties will be referred to as “appellant” and “appellee,” although we do observe that the plaintiff below, Jack Terrel, died shortly after the appeal was taken, and Anna Bell Terrel, as administratrix, was substituted as plaintiff by order of the district court. There has been no suggestion of death or revival of the cause in this court as contemplated 'by rule 8(6) or (7) (§ 21-2-1(8) (6)…