
    WILLIAM H. MOSES, Survivor, &c. vs. CHARLES W. FITTS, Administrator.
    Death of Counsel; Motion to employ New Counsel.
    When a motion is made to dismiss an appeal because there is no record on which the appeal could be heard, appellant’s counsel having died pending the litigation, the motion will not be entertained until notice of a motion is served upon appellant requiring him to employ new counsel.
    At Law.
    No. 30,702.
    Decided October 17, 1892.
    The Chief Justice and Justices Hagner and James sitting.
    Hearing on a motion to dismiss an appeal from an order overruling a motion for a new trial and a motion in arrest of judgment.
    Mr. J. G. Bigelow for the motion.
   In the case of William H. Moses, survivor, &c., against Charles W. Fitts, administrator, a motion is made by the plaintiff to dismiss the defendant’s appeal because there is no record whatever on which said appeal could be heard. We note that Gen; Mussey was counsel of record for the defendant in this case. He is deceased; and we think that the first step, before any other is taken, the party defendant having failed to cause counsel to enter their appearance, would be the filing of the motion, notice of which should be served upon the defendant, requiring him to employ new counsel.

We think this motion to dismiss should not be heard or disposed of until that is done.  