Cavanaugh v. Scott
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. This action was commenced March 6, 1872, to recover against the defendant the sum of $21,383.41, alleged to be due from him to the plaintiff for work and labor done and materials furnished in grading and constructing a portion of the roadbed of the Wisconsin Central Railroad Company, under a written contract between the plaintiff and one Royal Hill and the defendant, it being alleged that Hill had sold out his interest in…
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APPEAL from the Circuit Court for Winnebago County. This action was commenced March 6, 1872, to recover against the defendant the sum of $21,383.41, alleged to be due from him to the plaintiff for work and labor done and materials furnished in grading and constructing a portion of the roadbed of the Wisconsin Central Railroad Company, under a written contract between the plaintiff and one Royal Hill and the defendant, it being alleged that Hill had sold out his interest in the contract to the plaintiff. Issues of fact were joined, and the action was referred to a referee, to hear, try, and…
1Opinion of the CourtPinNey, J.
At common law, when a sole plaintiff or sole defendant in a personal action died, the action abated and could not be revived, but all such personal actions as were founded upon any obligation, contract, covenant, debt, or duty to be performed, survived, and did not die with the person, but a new action might be brought by or against the personal representatives of the deceased plaintiff or defendant. 2 Archb. Pr. 876; Hambly v. Trott, 1 Cowp. 372, 373; Holsman v. St. John, 90 N. Y. 461, 462. Under the rule of the common law, this action would have abated by the death of the defendant Scott,…
2Cases cited8 opinions
- Coit v. . Campbell, Etc.New York Court of Appeals · 1880
- Lyon v. . ParkNew York Court of Appeals · 1888
- Holsman v. . St. JohnNew York Court of Appeals · 1882
- Evans v. . ClevelandNew York Court of Appeals · 1878
- Matter of PalmerNew York Court of Appeals · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Parsons v. BalsonWisconsin Supreme Court · 1906
- Voss v. StollWisconsin Supreme Court · 1910
- Neuhaus v. Clark CountyWisconsin Supreme Court · 1961
- Fleming v. EllisonWisconsin Supreme Court · 1905
- Carberry v. German Insurance Co.Wisconsin Supreme Court · 1893
3 more not listed; retrieve them via the Exa API.