Campbell

This is an appeal upon the judgment roll from a decree foreclosing a mortgage executed by defendants.

It appears that the original plaintiff died while this case was pending here on a former appeal ( 86 Cal. 197 ), and that the present plaintiff was thereupon substituted as administrator of the estate of said deceased, upon the suggestion and motion of plaintiff’s attorney.

After the reversal of the judgment and the filing of the remittitur in the court below, plaintiff moved for and obtained leave to file.an amended complaint, in which, among other things, he alleges: “ That on or about the - day of April, 1890, Robert Campbell, the original plaintiff in said action, died testate in the county of Los Angeles, California, and that subsequently, to wit, on or about the twelfth day of June, 1890, said David F. Campbell was duly appointed and qualified as executor of the last will and testament of said deceased, and ever since has been, and now is, the duly acting and qualified executor cf the estate of-said deceased.”

The amended complaint was duly filed, and a copy thereof personally served on each of the defendants, but no copy was served on their attorney.

Defendants having…