Weeks v. Mays

Turney, Ch. J.

On November 12, 1886, the plaintiff sued Stewart Mays for “ a breach of contract of marriage and seduction.”

After service of process, and before the appearance term, the defendant died. Sci. fa. was issued against his administrator and heirs, who appeared and moved to abate, and plaintiff', after dismissing as to the seduction, moved to revive.

*443The suit was abated, and plaintiff appealed.

It is insisted the suit should have been revived under Section 3560 (M. & V.) Code, providing: “Ko civil action commenced, whether founded on wrongs or contracts, except actions for wrongs…