SUTTON, Justice.
Plaintiff in error, who was plaintiff below, brings error to review a judgment of the district court dismissing its complaint as to Harris P. Wolfberg, and in denying a motion to substitute as a party defendant the executrix of the deceased defendant Harris P. Wolfberg. Defendant in error, Ruth S. Wolfberg, as Executrix of the estate of Harris P. Wolfberg, deceased, appearing specially in this Court has moved to dismiss the pending writ of error....
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