
    George G. Kennard v. George W. Kennard.
    Proceedings in error can not be instituted in tbe name of a deceased party;if tbe heirs or legal representatives of such party seek to institute such proceedings, they must do so in their own names.
    Error to the District Court of Butler county.
    -' The petition in ei’ror in this case was filed on the 22d day of September, 1879, to reverse a judgment rendered by the District Court of Butler county, April 21,1877, in favor of' George "W. Kennard against George G. Kennard. At the time of the filing of the petition in error, the alleged plaintiff in error, George G. Kennard, was deceased, he having-died on the 8th day of April, 1878. Mary Ann Bartlow aud others, his heirs at law, now move the court to revive-the proceedings in error in their names.
    
      Hall & Walters, for the motion.
    
      E. M. Stuart, contra.
   By the Court :

George G. Kennard, the alleged plaintiff in error, having died before the filing of the petition in error, the attempt to institute a proceeding .in error in his name was ineffectual. To constitute a proceeding in error, there must be a plaintiff in error. If there is no plaintiff in error, the court acquires no jurisdiction of the cause. If the heirs or legal representatives of a deceased party seek to institute proceedings in error they must do so in their own names, and not in the name of the deceased.

Motion overruled and cause stricken from the docket.  