Lee's Adm'r v. Hill
Supreme Court of Virginia
Error to judgment of circuit court of Danville, rendered January 24th, 1890, in an action of trespass on the case, wherein J. J. Hill was plaintiff and Thomas J. Lee’s administrator was defendant.
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Error to judgment of circuit court of Danville, rendered January 24th, 1890, in an action of trespass on the case, wherein J. J. Hill was plaintiff and Thomas J. Lee’s administrator was defendant. This case is the sequel to Lee v. Hill, 84 Va., 919. The action was trespass on the case for the alleged wrongful discharge of the plaintiff from the defendant’s service, in violation of an express contract between the parties, whereby the plaintiff was employed to serve for one year in the capacity of a solicitor for the defendant’s business as a tobacco warehouseman, at a monthly salary of one…
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court.
I. The first question to be determined is, did the circuit court err in reviving the action.against the administrator?
At common law an action was abated by the death of either party, and could not be revived for or against the personal representative. If the cause of action survived, it was necessary to bring a new suit. This, however, has long since been altered by statute, and now, if the cause of action survives, the action may be revived. Whether, therefore, the present *499action was rightly revived depends upon whether or not the cause of action…
2Cases cited8 opinions
- Comegys v. VasseSupreme Court of the United States · 1828
- Henshaw v. MillerSupreme Court of the United States · 1855
- Williams v. Lord & RobinsonSupreme Court of Virginia · 1881
- So. W. Improvement Co. v. Smith's Adm'rSupreme Court of Virginia · 1888
- Seddon v. RosenbaumSupreme Court of Virginia · 1889
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3Cited by42 opinions
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- Carrico v. West Virginia Cent. & P. R'y Co.West Virginia Supreme Court · 1894
- Winston v. GordonSupreme Court of Virginia · 1914
- State v. StewartSupreme Court of Kansas · 1911
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