Hoeflin v. Gedney

The order for revivor recites that it was entered after proof of due service of the moving papers for a revivor upon ■ the.executors. It also recites that an -attorney appeared on behalf of said executors, ‘who did not oppose -the granting of the motion. The authority of that attorney to -appear is disputed, but the order was .granted after! service- of the notice of motion upon the executors. The order was never ¡appealed from,' and no motion was made to vacate it, and that order provides that the -granting of leave to serve. a supplemental complaint shall be without prejudice to the proceed*519i…