EISIMINGER v. JONES

EISIMINGER v. JONES
1929 OK 218
278 P. 1116
137 Okla. 246
Case Number: 19688
Decided: 05/28/1929
Supreme Court of Oklahoma

EISIMINGER
v.
JONES et al.

Syllabus

¶0 Appeal and Error--Dismissal for Want of Necessary Party--Death of Party After Judgment and Action not Revived in Trial Court.
Where, after judgment, one of the parties to an action dies, and there is ample time in which to revive the action before the expiration of the statutory period for filing an appeal, and the action is not revived in the trial court, an appeal from such judgment to this court will be dismissed for want of necessary party to the appeal.

Error from District Court, Blaine County; E. L. Mitchell, Judge.

Action between Dr. J. W. Eisiminger and Erastus Leander Jones et al. From the judgment, the former brings error. Dismissed.

C. H. Parrick and H. J. Mackey, for plaintiff in error.
Seymour Foose, Theodore Graalman, and W. F. Duncan, for defendants in error.

PER CURIAM.