Moses v. Wooster

The suit below was in equity and brought by George H. Wooster, the appellee, against Solomon Moses, Gotcho Blum, and Solomon Weil, partners under the name of Moses, Blum & Weil, for an infringement of letters patent. A final decree for an injunction and damages was rendered against the defendants, May 23, 1883. From this decree all the defendants appealed, and the appeal was docketed here October 12, 1883. Blum died January 2, 1884. On the eleventh of April, 1885, Wooster appeared in this court and suggested his death; whereupon the usual order under rule 15, § 1, was entered, that unless his representatives should become parties within the first 10 days of this term, the appeal would be dismissed. Proof of the due publication of a copy of this order has been made, but the representatives of the deceased appellant have not appeared. The surviving appellants now move that the action abate as to the decedent, but that it proceed at their suit as survivors.

W. F. Mattingly, for appellants.

J. E. Hyndon Hyde, for appellee.

[Argument of Counsel from pages 285-287 intentionally omitted]

WAITE, C. J.