Hernly v. Pierce
Hernly v. Pierce
Opinion of the Court
This was a proceeding in the court below to modify a decree which was entered in a suit on notes and to foreclose mortgages in favor of appellee Pierce against his eoappellees and appellant and Lemuel J. Hernly. The judgment against Lemuel J. Hernly was only a personal judgment. He neither had nor claimed any title to the land involved. All parties to the original suit were parties to the proceeding to modify the decree thereunder. It appears that since the decree appealed from was entered, and prior to perfecting the appeal, Lemuel J. Hernly died intestate, leaving appellant and appellees, except Pierce, Day and May, as his only heirs.
Appellee Pierce has moved to dismiss this appeal, for the reason that the personal representative of Lemuel J. Hernly is not made a party. This is a vacation appeal. In such an appeal one of the judgment defendants may appeal by mak
Appeal dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.