Simon v. Burke

‘ Piper, J.

Two motions are before me for determination, which should, in my opinion, be decided together. The defendant in this action moved for an order dismissing plaintiff’s complaint and fixing a definite date for him to make proof of his counterclaim. The plaintiff moved for an order substituting another attorney in place of James 0. Moore, deceased, the attorney of record, and for an order directing the executrix of the last will and testament of James O. Moore, deceased, “ to deliver all the pleadings, documents and papers in this action ” to the substituted attorney so that the action…