Sheibley v. Nelson

This is an action for libel. The result of a trial in the district court was a judgment dismissing the plaintiff’s action. From this judgment the plaintiff appealed to this court. After the appeal had been duly lodged the plaintiff *502died, and the cause is now pending upon a motion to revive the same in the name of his personal representative. The defendant objects to the revivor, and contends that the cause of action is strictly personal in its nature and does not survive, and that the pending action abated with the death of the plaintiff. The provisions of the code of civil procedure which…