Amoth v. United States

WOLVERTON, District Judge.

Since the case was submitted to the court on the evidence, a trial having been had, and before rendition by the court of judgment or decree upon the merits, the libelant has died, having been killed in an automobile accident. The libel is in personam, not in rem. Based upon these premises, respondents have interposed a motion for abatement of the action. The question is: Did the action abate by the death of libelant?

The rule seems to be that the cause, where the libel is in personam, abates by the death of the libelant before judgment or decree, unless it is…