Judgment unanimously affirmed, without costs, without prejudice to the institution of a new action or service of a new complaint joining the estate of Mattie T. Swanson as a party.
Memorandum:
In affirming the judgment of the trial court we do not reach the merits of the question presented, except as hereafter stated, since all parties who may be affected by the judgment are not before the court. Plaintiff Sutter is a party interested in the event, wishing...
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