New York Supreme Court November 15, 1890 (Pierson v. Cronk)

O’Brien, J.,

(after stating the facts as aboce.) The defendant now moved to dismiss the action, on the ground that there has been a mistrial, the original plaintiff having died before the submission of the case for decision, and there being no order directing that the pleadings, proceedings, and evidence already had and taken stand in the cause so revived.