Carder v. Marhoff

LEDERLE, Chief Judge.

This action was brought under the Michigan Wrongful Death Statute by the widow of deceased, who has been appointed Administratrix of the Decedent’s Estate by an Ohio court. Defendant has moved to dismiss contending that under Michigan Statutes Annotated 27.3178 (278), Comp.Laws 1948, § 704.27, Plaintiff is without standing to sue in Michigan as a personal representative and, hence, under Fed.Rules Civ.Proc. rule 17 (b), 28 U.S.C.A., may not maintain the action here. Michigan Statutes Annotated 27.3178 (278) provides:

“It is hereby declared to be the public policy of this…