Benson v. Wolverton
New Jersey Court of Chancery
On motion by the defendant, for an order to revive suit on the death of a sole complainant. The bill had been dismissed.
1Opinion of the Court
The Chancellor.
By the provisions of the act to prevent the abatement of suits, Nix. Dig. 1, where a sole plaintiff or defendant dies before decree, the suit cannot be revived at the instance of the defendant, or of his legal representa*111tives. Where a sole plaintiff dies, his lawful representative, or any person interested by the death of such plaintiff, may cause himself to be made complainant in the suit. Where a solo defendant dies, the plaintiff may cause the legal representatives of such defendant, or any person who has become interested by his death, to be substituted as defendant, unless…
2Cases cited1 opinion
- Vroom v. DitmasNew York Court of Chancery · 1836
3Cited by3 opinions
- Bugbee v. Van CleveNew Jersey Superior Court Appellate Division · 1926
- Bugbee v. Van CleveNew Jersey Superior Court Appellate Division · 1926
- Intiso v. IntisoNew Jersey Court of Chancery · 1944