Bailey v. Wilhite

(After stating the foregoing facts.) In the general grounds of the motion for a new trial the movant asked that the verdict be set aside as contrary to law and contrary to the evidence; and we are of the opinion that upon these grounds *797the motion should not have been overruled. It is plain from the evidence that F. M. Bailey was dead at the time of the trial, and had been dead for a considerable time. In addition to the fact that the record discloses that no representative of this deceased party had been appointed, it appears in the bill of exceptions and is conceded by both counsel that this…