Moses v. Wooster

Syllabus

<p>The plaintiff below obtained a decree in equity for damages and an injunction against three defendants who appealed. After docketing the appeal, one appellant died. The survivors suggested his death, and an order was issued under Rule 15, § 1, for notice to his representatives.' This was duly published. The representatives not appearing, the surviving appellants moved that the action abate as to the deceased, and proceed at the suit of the survivors : Held, That the suit proceed at the suit of the survivors.</p>