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DALY v. DALY

No. 13517.

533 P.2d 884 (1975)

Leah M. DALY, Executrix for the Estate of Eva Dean Daly, Deceased, Plaintiff and Respondent, v. George F. DALY, Defendant and Appellant.

Supreme Court of Utah.

March 28, 1975.

Attorney(s) appearing for the Case

David J. Knowlton, Vlahos & Gale, Ogden, Horace J. Knowlton, Salt Lake City, for defendant and appellant.

Grant Macfarlane, Sr., Salt Lake City, for plaintiff and respondent.

HENRIOD, Justice:

Appeal from a judgment in a divorce action. Affirmed in part and reversed in part.

Plaintiff, Leah M. Daly, Executrix of Mrs. Eva Dean Daly, the deceased wife of defendant, which latter was the original plaintiff that started this divorce action, was made such plaintiff by order of substitution entered by the trial court. Such substitution was error in our opinion and was vulnerable to a motion...

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