Kirke La Shelle Co. v. Armstrong — 173 A.D. 881

Majority

p. 881

The Kirke La Shelle Company, Plaintiff, v. Paul Armstrong, Defendant.

Headnote

Motion by the defendant for a new trial upon exceptions ordered to be heard in the first instance by the Appellate Division.

It appearing by suggestion to the court that the defendant has died and that no order of substitution has been entered, this court cannot decide the motion, notwithstanding the exceptions, until the defendant is properly represented. Present—Clarke, P. J.. Laughlin, Scott, Smith and-Page, JJ.