Schuchardt v. Remiers
New York Court of Common Pleas
Appeal from an order denying the motion of the deceased defendant’s representatives to be made parties to the appeal in this action.
1Opinion of the Court
By the court, In Keene agt. Lafarge (1 Bosw. 671), the defendant died after issue Avas joined, and before judgment, and Chief Justice Bosworth held that in that case an application by- the representatives of the deceased defendant to have the suit continued, could not be enter.tained. He Avas of the opinion that section 121 of the Code was designed to confer upon the representative of a deceased sole plaintiff only the right to continue the action or to abandon it, and not-to enable the representative of a deceased sole defendant to compel the plaintiff to continue the action against his…
2Cases cited1 opinion
- Keene v. La FargeThe Superior Court of New York City · 1858
3Cited by1 opinion
- Foresman v. HaagOhio Supreme Court · 1881