Marguard v. Rieter

30 Mo. 248

Opinion

Napton, Judge,

delivered the opinion of the court.

We have not been able to perceive in the record any reason for refusing the defendant a trial in this case by the circuit court, but it is obvious that we can not remedy the injustice, if any has been done. Since the rendition of the j-udgment the plaintiff has died, and to set aside the judgment now is of course equivalent to a dismissal of the suit.

Judgment affirmed.