Legal Opinion
Austin v. Jackson, ex dem. Kimber
New York Supreme Court
Decided May 15, 1828PublishedCited by 5 opinions
Motion for judgment as in case of nonsuit for not proceeding to trial after stipulation. The excuse offered is, that Kimber, one of the lessors of the plaintiff, for whose benefit the suit was commenced, died after the stipulation, and previous to the circuit at which the cause ought to have been tried. Chandler, the other lessor, is merely a nominal lessor.
1Opinion of the Court
By the Court,
Savage, C. J.
The death of the lessor of the plaintiff does not abate the suit. (Frier v. Jackson, 8 Johns. R. 495.) The excuse offered will be received so far as to permit a new stipulation on payment of costs; otherwise the motion must be granted.
2Cited by5 opinions
- Doe ex dem. Marston v. ButlerNew York Supreme Court · 1829
- State ex rel. Nabor's HeirsSupreme Court of Alabama · 1845
- Den ex dem. Price v. SandersonSupreme Court of New Jersey · 1842
- Den ex dem. Price v. SandersonSupreme Court of New Jersey · 1842
- Tyler v. CanadayNew York Supreme Court · 1848