Sarich v. Munday

SMITH, Judge.

This is an appeal from the action of the trial court denying motions filed by appellants to set aside an order of substitution of respondent Thielecke as a party defendant in a condemnation case.

At the time of the order of substitution the court held $1728.40 as an award in condemnation for S. Gilboe, the owner of the property. Thielecke filed a motion for substitution as a party defendant alleging himself to be the only heir of the deceased, S. Gilboe. At the hearing on the motion Thielecke testified to the death of S. Gil-boe, his mother; that she was a resident of Michigan;…