Shea v. Starr
Supreme Court of New Hampshire
Case, for negligence. The action was entered in the superior court during the lifetime of the original defendant, James S. Brown, who duly appeared by counsel. Brown died prior to the May term, 1909; and during that term, on June 3, at the request of the plaintiff, a writ of scire facias was issued against the defendants as executors of Brown’s will, commanding them to appear at the September term of said court to answer in said action.
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Case, for negligence. The action was entered in the superior court during the lifetime of the original defendant, James S. Brown, who duly appeared by counsel. Brown died prior to the May term, 1909; and during that term, on June 3, at the request of the plaintiff, a writ of scire facias was issued against the defendants as executors of Brown’s will, commanding them to appear at the September term of said court to answer in said action. The writ was duly served upon the executors on July 9, 1909, but was not returned into court until October 12, 1910, when it was filed in the original suit.…
1Opinion of the CourtParsons, C. J.
“Since 1844, actions pending at the death of the party have survived to his administrator, whether the cause of action did or did not survive at common law. Laws 1844, •c. 139; G. L.; c. 198, s. 16; Ib., c. 226, s. 12; Saltmarsh v. Candia, 51 N. H. 71. Sections 8 and 9, of chapter 191, of the Public Statutes, introduced a time limit for appearance and issuance of a scire facias in pending actions for personal injuries. To that extent the law was changed.” Piper v. Railroad, 75 N. H. 435, 442. It is assumed that the present is an “action of tort for physical injuries to the person,” since…
2Cases cited1 opinion
- State Treasurer v. FosterSupreme Court of Vermont · 1835
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