Nibert v. Carroll Trucking Co.

I concur in the result reached in this case, on the ground that the plaintiff failed to show good cause in support of his motion to set aside the nonsuit and reinstate the case on the trial docket, but I do not agree with the statement of the law contained in the first point of the syllabus, and I respectfully dissent, from such holding.

At common law, convicts who were banished or abjured the realm, or those who entered a monastary and became a monk professed, were considered to be civilly dead.

The doctrine of civiliter mortuus was not always applied under the strict common law rule to those…