Mudd v. Walser
Mudd v. Walser
Opinion of the Court
This is a proceeding on motion by defendant to quash an execution. The trial court overruled the motion.
H. H. Mudd sued the defendant on a promissory note. Defendant was duly served in due time before the September, 1899, term of the Barton Circuit Court. Defendant appeared at that term and filed his answer and the cause was continued to the January term, 1900. Between these terms the plaintiff, H. H. Mudd, died, and on the first day of said January term his death was suggested and was noted on the record. After-wards, at the same term, an order was entered reviving the case in these words: “Administrator —-- enters appearance and cause revived.” The name of this plaintiff, Robert H. Mudd, representative of deceased, not being at hand at the moment, was by neg
On the foregoing facts the trial court’s action on the motion was undoubtedly right and its judgment is accordingly affirmed. We have examined the authorities cited by defendant and do not consider them applicable to the facts of this case. The judgment was manifestly for the right party.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.