Smith v. Woodall

COLEMAN, Justice.

This is an appeal by the mother of a deceased minor from a judgment denying the mother’s motion to be susbtituted for the original plaintiff in an action for wrongful death of the minor, and dismissing the action.

After commencing the action, the original plaintiff died. He was the father of the minor. The mother’s motion recites that the father died December 16, 1960.

On January 23, 1962, more than twelve months after father’s death, defendant filed motion to dismiss the case on the ground that the plaintiff had died more than one year preceding the filing of the motion and no…