Lyon v. . Park
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of ¡New York, made ¡December 12, 1887, which affirmed an order of Special Term denying a motion •on the part of plaintiff, the nature of which, as well as the material facts, are stated in the opinion.
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Appeal from order of the General Term of the Superior Court of the city of ¡New York, made ¡December 12, 1887, which affirmed an order of Special Term denying a motion •on the part of plaintiff, the nature of which, as well as the material facts, are stated in the opinion. (¡Reported below, 23 J. & S. 539.) This action is continued by force and effect of section 755 of the Code of Civil Procedure, which says: “ An’ action does not abate by any event if the cause of action survives or continues.” (R. S., part 3, chap. 8, title 3, art. 1, §§ 1 and 2; 3 R. S. [Banks’ Bros. 7th ed.] 2394; Bond v.…
1Opinion of the Court
Andrews J.
The plaintiff, in August, 1886, made this motion to revive and continue the action against the representatives of the estate of the original defendants Park and Baxter, both of whom have died since its commencement, and also to be released’from his default and failure to file a bond as security for costs, as required by order of the court made June 11, 1878, and that he be permitted to comply with that order. The motion was denied by the Special Term as to the representatives of Park, for laches, and dismissed as to the representatives of Baxter on the ground that no adminstration…
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