Marguard v. Rieter
30 Mo. 248
Mo.1860Check Treatmentdelivered the opinion of the court.
We have not been able to perceive in the record any reason for refusing the defendant a trial in this case by the circuit court, but it is obvious that we can not remedy the injustice, if any has been done. Since the rendition of the j-udgment the plaintiff has died, and to set aside the judgment now is of course equivalent to a dismissal of the suit.
Judgment affirmed.