Lachaise v. Libby

By the Court.— Hilton, J.

An action cannot be regardedas having abated by reason of the death of one or more of the several parties to it when the proper parties still remain before the court, enabling it to make a final judgment respecting the subject-matter of the controversy. And if, on the death of a party, the cause of action survives to or against some other of the parties, so that a perfect decree or judgment as to every part of the litigation can be made between the surviving parties, the suit does not abate as to the survivors. (1 Barb. Ch., 675.) In the late Court of Chancery the…