Alpin v. Morton
Ohio Supreme Court
Error to the district court of G-uernsey county. On the thirty-first day of October, 1865, Rebecca Morton, by Elizabeth R. Morton, her next .friend, brought an action for slander against John T. Alpin in the court of common pleas of Guernsey county.
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Error to the district court of G-uernsey county. On the thirty-first day of October, 1865, Rebecca Morton, by Elizabeth R. Morton, her next .friend, brought an action for slander against John T. Alpin in the court of common pleas of Guernsey county. It is averred in the petition that the plaintiff is sixteen years of age and unmarried; that the defendant is a physician, and was employed by her mother to treat the plaintiff ; that, for the purpose of injuring her good name and to bring her into disgrace, on the “ fifth day of April, 1865, and at sundry other times since that date, and before…
1Opinion of the CourtDay, J.
The first question presented by the record, is-whether the death of the plaintiff in an action for slander pending the suit abates the action. At common law the action dies with the person. Ireland v. Champneys, 4 Taunt. 884; Long v. Hitchcoch, 3 Ohio, 275. But material modifications of the rules of the common law relating to the abatement of actions have been made by the statute in this State.
The 39th section of the code provides that an action does not abate by the death of a party if the cause of action survive. Subsequently in the code title twelve is devoted to-the subject of “causes of…
2Cases cited9 opinions
- Ware v. CartledgeSupreme Court of Alabama · 1854
- Bennett v. HydeSupreme Court of Connecticut · 1825
- Karney v. PaisleySupreme Court of Iowa · 1862
- Scott v. McKinnishSupreme Court of Alabama · 1849
- Hosley v. BrooksIllinois Supreme Court · 1858
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