Miller v. Nuckolls

This is an action for slander. The plaintiff (appellee) recovered judgment below, and the defendant (appellant) took an appeal to this court. Since the appeal was perfected, the appellant died, and his attorney, as amicus curiae, presents this motion to abate the cause. The appellee responds to the motion, and asks that the cause be revived against the administrator or executor of the deceased.

At common law actions of this kind abated with the death of either party, the wrongdoer or the party injured. “Actio personalis moritur cum persona” was a maxim of the common law. The statute of this…