Wood-Mosaic Company v. Fish's Administratrix

Opinion op the Court by

Judge Logan

Reversing.

The appellant instituted its action originally against Gr. C.'Fish and J. Fish, seeking to recover damages on an injunction bond which had been executed by them. Gr. C. Fish died after the institution of that action, and Lura Fish was appointed administratrix. The cause of action was not revived, and no attempt was made to revive it for about two years. In such actions there must be a revivor within one year unless the action is revived by consent. Section 508, Civil Code of Practice. When appellant could not obtain the consent to revive the action,…