Newton v. Higgins
Supreme Court of Vermont
This was an action of booh debt originally brought against th a defendant, Higgins, and one Twitchell, as partners. After judgment to account in the county court, an auditor was appointed to adjust the accounts of the parties, and he afterwards made the following report : “ The undersigned auditor reports, that he duly notified the parties to attend the auditing of their book accounts at St. Albans, on the 26th day of May, 1828, at which time and place they appeared, and, at…
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This was an action of booh debt originally brought against th a defendant, Higgins, and one Twitchell, as partners. After judgment to account in the county court, an auditor was appointed to adjust the accounts of the parties, and he afterwards made the following report : “ The undersigned auditor reports, that he duly notified the parties to attend the auditing of their book accounts at St. Albans, on the 26th day of May, 1828, at which time and place they appeared, and, at the request of the defendants, the audit was adjourned to the third Monday of June, A. D. 1828 ; and again by order of…
1Opinion of the Court
After argument,
PitErmss, J.
delivered the opinion of the Court. — At common law, in all actions, where there are two or more plaintiffs or de» fendants, the death of one of them, pending the action, Or before final judgment, is an abatement of the action. But it is provided by statute, that if there be two or more plaintiffs or defendants, and one or more of them die, if the cause of action survives, the writ or suit shall not be thereby abated; but such death being suggested on the record, the same shall proceed at the suit of the surviving plaintiff or plaintiffs, against the surviving…
2Cases cited1 opinion
- Fay, Davidson & Burt v. GreenSupreme Court of Vermont · 1827
3Cited by2 opinions
- Paine v. Maine Mutual Marine InsuranceSupreme Judicial Court of Maine · 1879
- Benson v. CrainSupreme Court of Vermont · 1916