Estate of Thomson

The petitioner appeals from an order denying his motion to require the respondent, as administratrix of the estate of Edgar R. Thomson, to allow and pay petitioner's claim against said estate. The appeal is presented on two typewritten documents entitled, respectively, "Clerk's Transcript on Appeal" and "Reporter's Transcript." No bill of exceptions is found in the record and the appellant has failed to print in his opening brief or at all the moving papers or any evidence taken at the hearing of the motion. The document entitled "Reporter's Transcript" consists entirely of statements of counsel and argument in favor of and against the motion. From this discussion we learn that the petitioner commenced two certain actions for the foreclosure of separate mortgages and served the decedent Thomson with process as a defendant therein. On May 11, 1923, Thomson died, and on June 6, 1924, respondent herein was appointed administratrix of his estate. In January, 1925, without substituting administratrix or taking any other proceedings and without having taken the default of decedent during his lifetime, the appellant herein caused the default of decedent to be entered in the foreclosure…