Burnham v. Brennan

This is a motion made by Mrs. Brennan, administratrix of Matthew T. Brennan, deceased (the late sheriff), to revive the above action. The action is one of replevin brought against the late sheriff. It was tried on the 22d day of ¡November, 1875, and resulted'in a verdict for the defendant. Appeals were taken, and on the 23d day of May, 1878, the court of appeals reversed the judgment and ordered a new trial. Mr. Brennan died on the 20th day of January, 1879.

Prior to the 1st day of September, 1880, on which day the last nine chapters of the Code of Civil Procedure took-effect, an action of…