Legal Opinion

Rogers v. Adriance

The Superior Court of New York City

Decided May 15, 1861PublishedCited by 2 opinions

Motion on behalf of an assignee of an executor to revive an action.

1Opinion of the Court

Hoffman, Justice.

The court of chancery adopted a series of rules for continuing a suit in cases of death, changes in the relations of parties, or transfers of their interest in the subject matter. An abatement was treated merely as a suspension of the suit. (1 Sumner, 173.)

The means of continuing the suit were, a bill of revivor, an original bill in the nature of a bill of a revivor, a supplemental bill in nature of a bill of revivor, and a bill of supplement and revivor.

The distinctions need not be noticed, except that a mere bill of revivor was used when there was a direct devolution of…

2Cited by2 opinions

  1. McNulta v. HuntingtonAppellate Division of the Supreme Court of the State of New York · 1901
  2. Cheney v. RankinNew York Supreme Court · 1899

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