Smith v. . Walker

The common-law principle relative to the abatement of suits by the death of the parties has undergone such a variety of legislative alterations that some attention is necessary to mark with precision what actions will now survive against personal representatives.

It was once doubtful whether, from the general terms in which the maxim is expressed, the action of assumpsit did not come within its operation, because its form was trespass on the case, which imputed a wrong, and its substance was to recover damages in satisfaction of the wrong. But when, after much discussion, this doubt was…