Reed v. Butler
New York Court of Common Pleas
The plaintiff moved to strike out the answer of defendant, and after the motion had been argued and submitted to the court, he died.
1Opinion of the Court
By the Court.—Daly, J.
The plaintiff having died before the motion was decided, no further proceeding could be taken in the cause until a motion was made to revive the suit, and the order entered was a nullity. The death of the plaintiff after the motion was argued, was no reason for entering up the order as of the day of the argument. In courts of equity it is the practice, when a party dies after a cause has been submitted upon the final hearing, for the court, notwithstanding, to go on and render its decision, and direct a final decree to be entered up as of the day when the cause was…
2Cases cited2 opinions
- Campbell v. MesierNew York Court of Chancery · 1819
- Wood v. KeyesNew York Court of Chancery · 1837
3Cited by4 opinions
- Cole v. Parker-Washington Co.Supreme Court of Missouri · 1918
- Murphy v. RedmondSupreme Court of Missouri · 1870
- MacLean v. HartAppellate Division of the Supreme Court of the State of New York · 1933
- Piering v. HenkelCity of New York Municipal Court · 1888