Bolin v. Stewart

This action is for malicious prosecution brought by the plaintiff against the defendant in the Law Court of Humboldt.

Verdict and judgment were in favor of the defendant, and the plaintiff has appealed to this court.

The death of defendant Stewart has been suggested and admitted, and his counsel have entered a motion to abate the suit because at common law such a suit cannot be revived, but abates by the death of either party, and that sec. 2846 of the Code does not except it from the operation of the common law rule. That section provides that no civil actions commenced, whether founded on…