Massachusetts Supreme Judicial Court November 25, 1902 (Brown v. Kellogg)

Holmes, C. J.

This is an action for libel. Originally it was brought against two partners. On November 13, 1900, after an answer to the merits, a paper was filed in the cause by Kellogg, one of the defendants, alleging the death of the other defendant and that therefore Kellogg ought not to be held to answer to the *298writ, and concluding, “ moves that said action be dismissed.