State Ex Rel. Stasciewicz v. Parks

Walsh, J.,

delivered the: opinion of the Court.

The question raised by this -appeal is whether the provision. of article 67 of the Code (commonly called “Lord Campbell’s Act”) that “every such action shall be commenced within twelve calendar months after the death of the deceased person,” is a condition essential to the right to main tain the action given by the statute, or is merely a limitation of the remedy which must be pleaded to- defeat the action.

The declaration in this case was filed on June 2nd, 1924, and it alleges that Peter -Stasciewicz, the deceased husband and father respectively…