Cutts v. Haskins
Massachusetts Supreme Judicial Court
The verdict in this case having been set aside, (1) the cause was again tried, at the last November term in this county, before Parker, J., and a verdict again returned for the tenant, subject to the opinion of the Court upon the evidence reported by the judge; and subject also to a right reserved by the tenant to show that the writ was abated by the death of Anna Cutts, one of the demandants in this writ of right, since the commencement of the suit, which fact had been…
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The verdict in this case having been set aside, (1) the cause was again tried, at the last November term in this county, before Parker, J., and a verdict again returned for the tenant, subject to the opinion of the Court upon the evidence reported by the judge; and subject also to a right reserved by the tenant to show that the writ was abated by the death of Anna Cutts, one of the demandants in this writ of right, since the commencement of the suit, which fact had been seasonably suggested on the record by the counsel for the demandants. And now at this term, Gorham, of counsel for the…
1Per curiam
The writ is abated by the death suggested.
Tne tenant then moved for costs.
The motion was overruled, on the ground that the abatement was caused by the act of God. (a)
[By the statute of 1826, c. 70, it is provided that, in case of the death, marriage, or other disability of any demandant in any real action, or in any process for partition of lands, the suit or process shall not abate; but the heir, or such other persons as would, in case the action or process were abated, be entitled to commence the like action or process, either alone, or jointly with the former demandant or petitioner, may,…
2Cited by8 opinions
- Begbie v. BegbieCalifornia Supreme Court · 1900
- Gould v. CarrSupreme Court of Florida · 1894
- Brigham v. HuntMassachusetts Supreme Judicial Court · 1890
- Hollingsworth v. BagleyTexas Supreme Court · 1872
- Holmes v. HolmesMassachusetts Supreme Judicial Court · 1823
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