Alpaugh v. Conkling

The opinion of the court was delivered by

Parker, J.

The suit is for slander. After suit was begun and declaration (complaint) filed, defendant died, and the motion is to suggest her death upon the record, and proceed against her administrators as provided by section 3 of the Abatement act. Comp. Stat., p. 4. This can be done, under the terms of that section, if the action might have been originally prosecuted or maintained against the executors or administrators of the defendant; in other words it depends upon whether the cause of action is one that survives. As it would not survive at common…