Alexander v. Dean

Alexander brought suit in the City Court of Eloyd County against H. A. Dean and others, executors of Felix Corput, and obtained judgment against the executors. A motion for new 'trial was filed, which was granted. Before the next trial an amendment to the petition was filed; and to the petition as amended the defendants filed a general demurrer, upon the ground that the petition should be construed as setting forth an action in trover, that the same showed upon its face that the tort-feasor died prior to the filing of the suit, and that consequently the cause of action abated. The court…