165 Ind. 171 | Ind. | 1904
This action was brought by appellants and George W. Rorthrup, Jr., on a judgment recovered by them against appellee in the circuit court of Cook county, Illinois, for services as attorneys for appellee, performed by them as partners. Appellee filed a counterclaim alleging certain breaches of duty arising from the relation of attorney and client in connection with the employment of said firm as his attorneys, for which services said Illinois judgment was rendered. The breaches of duty alleged in the counterclaim by appellee were acts of commission and omis
Said cause was tried, and final judgment rendered, which was reversed by the Appellate Court. Gates v. Newman (1897), 18 Ind. App. 392; Newman v. Gates (1898), 150 Ind. 59, 61. It was held by the Appellate Court on the former appeal that the counterclaim “is based upon a breach of contract.” After said cause was returned to the court below a second trial resulted in a verdict and judgment in the sum of $181.71, and costs in favor of appellee against said three defendants to said counterclaim. Before the appeal was taken from said judgment, George W, Horthrup, Jr., one of the plaintiffs below, and one of the persons against whom said judgment was rendered, died.
On account of the failure to make the personal representative of George W. Northrup, Jr., a co-appellant, the court has no jurisdiction to determine the case upon its merits. The appeal must, therefore, be dismissed. Rich Grove Tp. v. Emmett, supra, and cases cited.
Appeal dismissed.