Steele v. Thatcher

Citations

• 79 Ill. 400

Syllabus

<p>1. Practice—on death of one defendant. On the trial of an action at law against two defendants, after the evidence had been taken, but before the cause was submitted to the jury, the death of one of the defendants being suggested, the court ordered the cause to proceed against the survivor: Held, no error.</p> <p>2. Same—restoring immaterial record filed, when destroyed. Where there is no plea putting in issue the representative character of the plaintiff, it is a matter of no concern to the defendant whether the record of administration has been restored or not, after being destroyed by fire.</p>