Jones, Varnum & Co. v. Townsend

The intestate sued the appellants for libel and recovered a judgment which appellants appealed to the January term, 1885, of this court. Pending this appeal the intestate died and the administratrix was made a party here, and the judgment was reversed at that term. Upon the cause being remanded, notice, entitled in the cause as originally instituted, was given on September 17, 1885, to the intestate’s attorney, who was also attorney for the administratrix, that a motion would be made at the succeeding term of the Circuit Court to abate the action, on the *356ground that it did not survive to his…