Keite v. Boyd
Supreme Court of Pennsylvania
in error. A writ of replevin was issued out of the Court of Common Pleas of Somerset county, the 8th of Jlpril, 1822, to May Term of that year, by James Boyd, the defendant in error, against John Kennedy for. a gray mare. Kennedy, the defendant below, gave bail to the sheriff, and retained the possession of the mare.' In 1823, pending this action, Kennedy died.
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in error. A writ of replevin was issued out of the Court of Common Pleas of Somerset county, the 8th of Jlpril, 1822, to May Term of that year, by James Boyd, the defendant in error, against John Kennedy for. a gray mare. Kennedy, the defendant below, gave bail to the sheriff, and retained the possession of the mare.' In 1823, pending this action, Kennedy died. At December Term, 1S23, the death of the defendant below was suggested, and John Keite, surviving administrator of the deceased, was substituted by consent, and pleaded “noncepit” and “property,” upon which issue was joined. On the 4th…
1Opinion of the Court
The opinion of the court was delivered by
Rogers, J.
At common law, all personal actions died with the party. The inconvenience and injustice of this rule, as respects the death of parties’ plaintiffs has been remedied, in cases of trespass de bonis asportatis, trover, and replevin. The rule seems to have been founded on the reason that as the assets of the deceased are not benefited, his estate shall not be liable, and from a desire, I suppose, to have an end to an action frequently arising from the passions of the parties. ” In those, cases where the reason applies, the rule is founded-on the…
2Cases cited3 opinions
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