Jacksonville Street Railway Co. v. Chappell
Supreme Court of Florida
Appeal'from the Circuit Court for Duval county. The original plaintiff in the court below died pending the action, and after the same was at issue, and, thereupon, his administratrix, the present appellee, suggested his death and applied to.have the action proceed in the name of such administratrix, which was ordered. The defendant below moved to vacate this order and that the action be -declared abated.
Read the full summary
Appeal'from the Circuit Court for Duval county. The original plaintiff in the court below died pending the action, and after the same was at issue, and, thereupon, his administratrix, the present appellee, suggested his death and applied to.have the action proceed in the name of such administratrix, which was ordered. The defendant below moved to vacate this order and that the action be -declared abated. This motion was denied and the action was allowed to- proceed in the name of-the administratrix, to which the defendant excepted. Upon the trial there was judgment for the plaintiff ;…
1Opinion of the CourtJustice Raney
At the common law the death of either party to an action abated it, and, says Blackstone (M., p. 302, Book 3, Vol. 2,) in actions merely personal, arising ex delicto for wrongs actually done or committed by the defendant, as trespass, battery and slander, the rule is that actio personalis moritur cum persona, and it never shall be revived either by or against the executors or other representatives. For, *619says he, neither the executors of the plaintiff have received, nor those of the defendant have committed, in their own personal capacity, any manner of wrong or injury, but in actions arising…
2Cases cited3 opinions
- New Orleans, Jackson, & Great Northern Railroad v. HurstMississippi Supreme Court · 1859
- Bank of Orange v. BrownNew York Supreme Court · 1829
- Heirn v. M'CaughanMississippi Supreme Court · 1856
3Cited by17 opinions
- Waller v. First Savings & Trust Co.Supreme Court of Florida · 1931
- Ellis v. BrownSupreme Court of Florida · 1955
- Atlas Properties, Inc. v. DidichSupreme Court of Florida · 1969
- Doyle v. City of Coral GablesSupreme Court of Florida · 1947
- Holbrook v. City of SarasotaSupreme Court of Florida · 1952
12 more not listed; retrieve them via the Exa API.