Cole v. Parker-Washington Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Leo 8. Rassiewr, Judge. (1) Under the common law the death of a party abates the suit.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. Leo 8. Rassiewr, Judge. (1) Under the common law the death of a party abates the suit. Our statute saves that abatement until and during the third term after the death for revival in the name of the legal representatives, in all cases where such suit would survive; hut if not revived on or before the third term, the action abates as to the party, and the interest of his representatives and successors; James W. Cole died June 5, 1907, before the return day (June 10, 1907) of the order of publication, and the judgment rendered against him…
1ConcurrenceFaris, J.
(concurring except as to paragraphs VI and VII.) — I do not concur in the view that William T. Cole may attack collaterally the judgment rendered against him in 1907, in this proceeding, for that the petition in the former action did not specifically describe the precise nature and extent of his interest. Neither do I agree that Philla Olds Cole may so attack this judgment, but her interest was saved to her for other reasons set forth in the majority opinion. I con*275cede that this petition conld have been attacked collaterally if it had not properly described the land. Because no lien could…
2Cases cited14 opinions
- Reynolds v. StocktonSupreme Court of the United States · 1891
- Hardin v. LeeSupreme Court of Missouri · 1873
- Wellshear v. KelleySupreme Court of Missouri · 1879
- Cummings v. BrownSupreme Court of Missouri · 1904
- Gibbs v. SouthernSupreme Court of Missouri · 1893
9 more not listed; retrieve them via the Exa API.