Piering v. Henkel

On May 10,1888, an order was taken by default, dismissing the action for want of prosecution, and judgment was entered in favor of the defendant, and against the plaintiff, May 11,1888, for $72.40 costs. The plaintiff moves to vacate the judgment upon the ground that-the defendant was dead at the time the order for dismissal was made. The defendant’s attorney admits that his client was dead at the time of the dismissal, but claims that his practice was legal, because he was interested in the costs. There is no force in this claim. The death of the defendant revoked the appointment of the…