Baker v. Braslin

This is trespass for assault and battery, brought and tried in the Court of Common Pleas. The defendants were husband and wife, and were declared against jointly. The husband died, and his death was suggested of record before trial. The plaintiff prosecuted his case afterward against the wife alone, and recovered a verdict against her. She then moved in arrest of judgment on the ground that the action had abated before verdict by her husband’s death. The court sustained the motion, and the plaintiff excepted.

We think the court erred. The action is in form an action against the two for assault…