Schuschard v. Reimer
New York Court of Common Pleas
Appeal by the administratrix of the .defendant Theodore Keimer, deceased, from an order at Special Term, denying a motion to revive and continue the action. The defendant Keimer only was served with process, and alone appeared in the action. At the trial he obtained a judgment in his favor for the sum of one hundred and ninety-one dollars costs. The plaintiffs served a notice of- appeal, and a copy of their proposed case, with "a stay of proceedings pending the appeal.
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Appeal by the administratrix of the .defendant Theodore Keimer, deceased, from an order at Special Term, denying a motion to revive and continue the action. The defendant Keimer only was served with process, and alone appeared in the action. At the trial he obtained a judgment in his favor for the sum of one hundred and ninety-one dollars costs. The plaintiffs served a notice of- appeal, and a copy of their proposed case, with "a stay of proceedings pending the appeal. The defendant died the next day, and his widow obtained letters of administration upon-his estate. The plaintiffs having…
1Opinion of the Court
By the Court.
Daly, F. J.
In Keene v. Lafarge, 1 Bosw., 671, the defendant died after issue was joined, and before judgment, and Chief Justice Bosworth held that in that case an application by the representatives of the "deceased, defendant to_. have the suit continued "could not he entertained. He was of *460opinion that section 121 of the Code was designed to confer upon the representatives of a deceased sole plaintiff only the right to continue the action or abandon it, and not to enable the representatives of a deceased sole defendant to compel the plaintiff to continue the action against his…
2Cases cited1 opinion
- Keene v. La FargeThe Superior Court of New York City · 1858
3Cited by2 opinions
- Livermore v. BainbridgeNew York Supreme Court · 1871
- Livermore v. BainbridgeNew York Supreme Court · 1872