Clindenin v. Allen
Superior Court of New Hampshire
Assumpsit upon a promissory note. The cause was submitted to the decision of the court upon the following facts. ; This action was commenced on the 3d March, 1827, and real estate of the defendant attached by virtue of the writ. On the 13th June, in the same year, and after the service of the writ, and before the entry of the action in the court of common pleas, the defendant died.
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Assumpsit upon a promissory note. The cause was submitted to the decision of the court upon the following facts. ; This action was commenced on the 3d March, 1827, and real estate of the defendant attached by virtue of the writ. On the 13th June, in the same year, and after the service of the writ, and before the entry of the action in the court of common pleas, the defendant died. On the 11th July, 1827, administration of the said David Allen’s estate was granted to Jemima Allen, and on the 16th August following, upon the representation of the said administratrix, the said estate was decreed…
1Opinion of the CourtRichardson, C. J.
It is contended, in this case, on the one side, that the writ is abated by the death of the defendant, before the entry of the action in the court to which the original writ was returnable, and it' not by that, by the decree of the judge of probate, directing the estate of the deceased to be administered in the insolvent course. This is denied on the other side, and the questions thus raised must be *386settled by a sound construction of the statutes relating to the subject.
The statute of February 9, 1791, sec. 19, 1 N. H. Laws, 105, provides, that “where any action is, or shall be pending, in…
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