Linn v. Brecher

Mr. Presiding Justice Sears

delivered the opinion of the court.

The controlling question presented upon this appeal is as to the proper practice in a suit at common law upon contract when the cause has proceeded to verdict against a sole defendant, and is pending upon his motion for a new trial when his death occurs. Without going into any discussion of the common law rule as to the abatement of action by reason of death of a sole defendant, it is enough to say that it is the common law rule, irrespective of statutory regulation, that in a case such as here presented, the court should proceed…