Murphy v. Redmond
Supreme Court of Missouri
Error to First District Court. I. Upon the death of the plaintiff the cause of action abated, and no judgment could have been legally rendered in said cause. (Gen. Stat. 1865, p. 491, § 30.) II. The court erred in taking any action or a step in said cause, after plaintiff had died and his death had been, suggested on the record, until a scire facias had issued to defendant to show cause whv said suit should not be revived.
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Error to First District Court. I. Upon the death of the plaintiff the cause of action abated, and no judgment could have been legally rendered in said cause. (Gen. Stat. 1865, p. 491, § 30.) II. The court erred in taking any action or a step in said cause, after plaintiff had died and his death had been, suggested on the record, until a scire facias had issued to defendant to show cause whv said suit should not be revived. (36 Mo. 47; 19 Mo. 35.) I. The jury having returned a verdict in favor of the plaintiff, and after verdict the defendant having filed motion for a new trial, which was…
1Opinion of the CourtCurrier, Judge
Upon the recovery of a verdict by the plaintiff in the Circuit Court, the defendant moved to set the same aside and for a new trial. The cause was then continued t’o -the next term of the court.- At the term to which the cause stood continued, the *319death of the plaintiff was suggested and entered of record. No action was taken to bring in the dead party’s representatives, nor did they appear voluntarily. The court nevertheless, without such appearance, and without the issue of a scire facias, proceeded at once to act upon the defendant’s motion for a new trial, and overruled it, and th^n…
2Cases cited5 opinions
- Harkness v. AustinSupreme Court of Missouri · 1865
- Fine v. GraySupreme Court of Missouri · 1853
- Jarvis v. FelchThe Superior Court of New York City · 1862
- Reed v. ButlerNew York Court of Common Pleas · 1860
- Warren v. EddyNew York Supreme Court · 1860
3Cited by10 opinions
- Cole v. Parker-Washington Co.Supreme Court of Missouri · 1918
- Carter v. BurnsSupreme Court of Missouri · 1933
- Wormington v. City of MonettSupreme Court of Missouri · 1947
- Chicago, Rock Island & Pacific Railway Co. v. WoodsonMissouri Court of Appeals · 1905
- Overstreet v. OverstreetSupreme Court of Missouri · 1958
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