TOWNSEND, J.
1. Since the argument of this case, it has been made to appear to the court that the plaintiff in error has died. "Where a party dies after the argument of a case in this court, it is unnecessary to make his representative a party to the case. The judgment shall be effective as of the date of the argument." Code, § 24-3642.
2. "At common law duplicity is ground for special demurrer only, the objection being waived unless it is so taken, and...
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