Cole v. Parker-Washington Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Leo 8. Rassiewr, Judge. (1) Under the common law the death of a party abates the suit.
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Appeal from St. Louis City Circuit Court. — Hon. Leo 8. Rassiewr, Judge. (1) Under the common law the death of a party abates the suit. Our statute saves that abatement until and during the third term after the death for revival in the name of the legal representatives, in all cases where such suit would survive; hut if not revived on or before the third term, the action abates as to the party, and the interest of his representatives and successors; James W. Cole died June 5, 1907, before the return day (June 10, 1907) of the order of publication, and the judgment rendered against him…
1Opinion of the CourtWoodson, J.
This suit was instituted in the circuit court of the city of St. Louis by the plaintiffs against the defendants to partition three lots of ground situate in said city. The decree of partition was in favor of the plaintiff John Gully Cole, and against the plaintiffs Philla Olds Cole and James Gilbert Cole, and partially for and partially against the defendant Parker-Washington Company, and in favor of the defendants Anna E. Sands, Sarah J. Ridpath and Mary Cole Palmer.
Those against whom the decree was rendered duly appealed the cause to this court.
The Parker-Washington Company (which for…
2Cases cited42 opinions
- Reynolds v. StocktonSupreme Court of the United States · 1891
- Pendleton v. RussellSupreme Court of the United States · 1892
- Life Ass'n of America v. FassettIllinois Supreme Court · 1882
- Woodcock v. BennetNew York Supreme Court · 1823
- State ex rel. Potter v. RileySupreme Court of Missouri · 1909
37 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- State Ex Rel. May Department Stores Co. v. HaidSupreme Court of Missouri · 1931
- Carter v. BurnsSupreme Court of Missouri · 1933
- State Ex Rel. Dew v. TrimbleSupreme Court of Missouri · 1925
- Edson v. FahySupreme Court of Missouri · 1960
- North Laramie Land Co. v. HoffmanWyoming Supreme Court · 1923
24 more not listed; retrieve them via the Exa API.