Opinion
No. 69-72, 70-72
Opinion Filed February 15, 1973
Civil action dismissed for failure of plaintiffs to move for substitution after death of a party. Chittenden County Court. Billings, J. presiding. Affirmed.
Wool, Agel, Murdoch Kittell, Burlington, for Plaintiffs.
Dewitt E. Mead, Esq., of Dinse, Allen Erdmann, Burlington, for Defendant.
Present: Shangraw, C.J., Barney, Smith, Keyser and Daley, JJ.
This action was dismissed under the authority of Rule 25(a)(1) of V.R.C.P.
Since no application for relief from the application of the above rule was made under V.R.C.P. 6(b), the dismissal was proper. See 7A C. Wright and A. Miller, Federal Practice and Procedure: Civil Rule 25(a) (1972).
Affirmed.