Greene v. Bates
New York Supreme Court
Motion that the cause be continued in the name of the plaintiff’s executrix. The action w as commenced in December 1847. Issue was joined in January 1848. The plaintiff died in April 1851, and his widow became the sole executrix of his last will and testament.
1Opinion of the Court
Mason, Justice.
The time has gone by when the administratrix, of the plaintiff can move for an order continuing this suit in her name under section 121 of the Code. She may, however? revive or continue the suit on an application, and leave obtained, to file a supplemental complaint under- this section. The Code is entirely silent as to the practice to be pursued in such a case, when the suit has been suspended over a year after the death of the party, except that it must be continued on á supplemental complaint when the plaintiff applies to continue it after the year has gone by. I am of the…
2Cited by9 opinions
- Emeric v. AlvaradoCalifornia Supreme Court · 1884
- Beach v. ReynoldsNew York Court of Appeals · 1873
- Beach v. Reynolds & BushNew York Supreme Court · 1873
- In re BorsdorffNew York Supreme Court · 1863
- O'Sullivan v. New York El. RailroadThe Superior Court of the City of New York and Buffalo · 1895
4 more not listed; retrieve them via the Exa API.