ALTER, Justice.
Tillie J. Hiltibrand brought an action against Walter E. Brown to recover judgment for personal injuries and property damage resulting from an automobile collision. Brown filed his answer and cross complaint, and thereafter Gail A. Hiltibrand, husband of plaintiff and the driver of her automobile, was made a third party defendant. At the time this action was set for trial, it appeared that Gail A. Hiltibrand, third party defendant, was dead, the action...
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