State Ex Rel. Ahrens v. City of Cleveland

The sole question presented is whether the appellant Helen Ahrens was entitled to have the proceeding in mandamus revived in her name, as administratrix and individually, upon the death of relator.

At common law an action at law abated on the death of the sole plaintiff and if the cause of action did survive the only way that the right of action could be asserted was by the commencement of a new action.

This rule has been changed by statute in this state. Section 11397, General Code, provides: “Unless otherwise provided, no action or proceeding pending in any court shall abate by the death of…