Lower Payette Ditch Co. v. Smith

GIVENS, Justice.

The day of the initial setting of this case in this Court, December 10, 1952, respondent moved to dismiss the appeal because appellant W. J. Smith died November 12 and no substitution had been made; *516No representative had then been appointed. The setting was, therefore, vacated and the cause continued — the only immediate exigency. Cambon Bros. v. Suthon, 148 La. 669, 87 So. 512. Upon the appointment, in regular course of administration, of an executor December 17, 1952, substitution was timely moved and allowed, the case reset and heard. The right of defense survived, Section…