Halle v. Cavanaugh
Supreme Court of New Hampshire
Motion, to abate an action for personal injuries made at the May term, 1919, of the superior court. The plaintiff, a married woman, died May 23, 1918, before trial. Her husband named as executor in her will, was drafted into the military service of the United States, June 27, 1918, and was discharged January 27, 1919. Some time after May 15,1919, he was appointed executor, no other having been appointed.
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Motion, to abate an action for personal injuries made at the May term, 1919, of the superior court. The plaintiff, a married woman, died May 23, 1918, before trial. Her husband named as executor in her will, was drafted into the military service of the United States, June 27, 1918, and was discharged January 27, 1919. Some time after May 15,1919, he was appointed executor, no other having been appointed. In the superior court, Allen, J., granted the motion because so required as matter of law, and transferred the case from the May term, 1919, upon exception by the plaintiff’s executor.
1Opinion of the CourtPeaslee, J.
This is an action of tort for personal injuries; the plaintiff died May 23, 1918, during the May term; the second term thereafter was the January term, 1919, which ended May 5, 1919. No person having appeared to prosecute the suit, the court, at the May term, 1919, granted the defendant’s motion to abate the action. Such action is ordinarily required by the statute of the state. The administrator has two full terms in which to appear and assume prosecution of the suit. Fairgraves v. Stark Mills, 77 N. H. 215; Shea v. Starr, 76 N. H. 538. To maintain such prosecution he must show compliance…
2Cases cited7 opinions
- Piper v. Boston & Maine RailroadSupreme Court of New Hampshire · 1910
- Seaver v. AdamsSupreme Court of New Hampshire · 1889
- Poff v. New England Telephone & Telegraph Co.Supreme Court of New Hampshire · 1903
- Crosby v. CharlestownSupreme Court of New Hampshire · 1915
- Shea v. StarrSupreme Court of New Hampshire · 1913
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