McKenzie v. Lombard
Supreme Judicial Court of Maine
On exceptions. Before the trial of the case in the Superior Court, for Aroostook county, the respondent having died, a motion to dismiss was sustained by the court on the ground that the action did not survive. The complainant took exceptions to the ruling.
1Opinion of the CourtPeters, C. J.
The question here is whether a bastardy proceeding survives against the personal representatives of a respondent who has died during the pendency of the proceeding in court before a trial has been had. We feel strongly assured that it cannot survive. The proposition finds no favor in the common law, and there is no statutory provision authorizing it. The legislature (R. S., c. 79, § 11) in 1879 passed an act allowing a proceeding of the kind to be prosecuted to final judgment by the executors or administrators of a complainant who has deceased before trial of the prosecution. Beyond this…
2Cited by15 opinions
- Hayes v. SmithSupreme Court of Connecticut · 1984
- Myers v. HarringtonCalifornia Court of Appeal · 1925
- N. R. v. R. J. D.Missouri Court of Appeals · 1979
- Carpenter v. SylvesterDistrict Court of Appeal of Florida · 1972
- Commonwealth v. MoranSuperior Court of Pennsylvania · 1914
10 more not listed; retrieve them via the Exa API.