Legal Opinion

Heuchert v. State Industrial Accident Commission

Oregon Supreme Court

Decided January 20, 1942PublishedCited by 9 opinions

1Opinion of the CourtKelly, C. J.

In considering both the motion of defendant for an order of abatement and a mandate directing the circuit court to quash and dismiss the original action, and the propriety of permitting the administratrix of the estate of the original plaintiff, now deceased, to be substituted as plaintiff herein, we are called upon to determine whether the record reflects a chose in action which survives the death of the original plaintiff.

It was argued that, inasmuch as the statute renders such a claim as the one under consideration nonassignable it is not subject to revival upon the death of claimant.…

2Cases cited45 opinions

  1. Vorbnoff v. Mesta Machine Co.Supreme Court of Pennsylvania · 1926
  2. Fink v. Sheldon Axle & Spring Co.Supreme Court of Pennsylvania · 1921
  3. Elonis v. Lytle Coal Co.Superior Court of Pennsylvania · 1938
  4. McCrosson v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1925
  5. Galvin v. Brown & McCabeOregon Supreme Court · 1909

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3Cited by9 opinions

  1. Variety Children's Hosp., Inc. v. PerkinsDistrict Court of Appeal of Florida · 1980
  2. Cureton v. Joma Plumbing & Heating Co.Supreme Court of New Jersey · 1962
  3. Inman v. MearesSupreme Court of North Carolina · 1958
  4. Kinney v. State Industrial Accident CommissionOregon Supreme Court · 1967
  5. Tucker v. State Industrial Accident CommissionOregon Supreme Court · 1959

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