Carson v. McFadden

The only question in this case is whether *92an action to recover damages for a libel alleged to bare been composed and published by defendant, of and concerning the plaintiff, abates by reason of defendant’s death, pending the action.

We are of opinion that it does not, and that the action may be continued against the administrator. The common law rule in actions of tort has been so far changed by the Code, that the remedy does not determine with the life of the wrong doer, if from the nature or necessity of the case the cause of action can continue. Code, sections 1698, 2502. The court on…