A. J. Armstrong Co. v. Hufstedler

NOBLE, Justice.

Douglas E. Beery died pendente lite, and his .widow .and sole heir at law, Wilma L. Beery, was substituted, over her objection, as a party defendant for her husband “as his personal representative and sole heir at law.” She has appealed from a money judgment against her “as personal representative and sole surviving heir at law of Douglas E. Beery.”

' Our decision turns on whether the decedent’s personal representative is an indispensable party to a continuation of the case. It is fundamental that a pending action cannot be prosecuted after the death of a party defendant…