MATHEWS v. WARD

MATHEWS v. WARD
1923 OK 921
220 P. 335
96 Okla. 68
Case Number: 13464
Decided: 11/06/1923
Supreme Court of Oklahoma

MATHEWS et al.
v.
WARD.

Syllabus

¶0 Appeal and Error--Death of Party--Failure to Revive Cause--Dismissal.
Where the defendant in error dies pending appeal in this court and the administrator has been appointed of said estate, and the time has expired within which said cause may be revived without the consent of the administrator, this court, upon motion of such administrator duly served upon plaintiffs in error which is not resisted, will dismiss said appeal.

Frye & Frye, for plaintiffs in error.
L. C. McNabb, of defendant in error.

McNEILL, J.

¶1 H. B. Brown, administrator of the estate of Paul Ward, deceased, filed a motion to dismiss the proceeding and for grounds alleges: That Paul Ward died on or about the 28th day of July, 1922 and H. B. Brown was appointed administrator of the estate, and since August, 1922, more than one year has expired since the death of said Ward, and no steps have been taken by the plaintiff in error to revive said cause in the name of the administrator. Notice of said motion was duly served, and no response has been filed thereto. The facts in this case come squarely within the facts in the case of Hester v. Gilbert, 43 Okla. 400, 143 P. 189. Upon authority of said cause, the appeal is hereby dismissed.