Rogers v. Adriance
The Superior Court of New York City
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
- McNulta v. HuntingtonAppellate Division of the Supreme Court of the State of New York · 1901
- Cheney v. RankinNew York Supreme Court · 1899