Nolan v. Tennison

KEY, Associate Justice.

Appellee brought this suit against T. J. Nolan, a retail liquor dealer, and the sureties on his statutory bond, for $500 damages, alleging that Nolan had sold and given spirituous, vinous, and malt liquors to the plaintiff’s son, Frank Tennison, a minor under 31 years of age, etc.

Before the trial in the court below, the defendant Nolan, the liquor dealer and principal on the bond, died, and the other defendants, his sureties, filed a plea in abatement, • asserting that the death of Nolan abated the plaintiff’s cause of action. , The court overruled this plea, and upon…