Gallegos v. United States
United States Court of Claims
The Reporters’ statement of the case: The facts of the case and the grounds of the claimant’s motion appear in the opinion of the court. Perhaps nothing’ is better settled in the law of pleading than that questions going to the jurisdiction of the court, the disability of the parties plaintiff or defendant, or to the abatement of the writ or declaration must be availed of bj^ pleading in abatement.
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The Reporters’ statement of the case: The facts of the case and the grounds of the claimant’s motion appear in the opinion of the court. Perhaps nothing’ is better settled in the law of pleading than that questions going to the jurisdiction of the court, the disability of the parties plaintiff or defendant, or to the abatement of the writ or declaration must be availed of bj^ pleading in abatement. The suggestion that the claimant was dead at the date of the filing of his petition is a suggestion of the disability of the plaintiff and is therefore the subject of a plea in abatement. The rules…
1Opinion of the CourtPeelle, J.
The question in this case ax-ises on the motion of counsel suggesting the death of the claimant and asking leave to *89prosecute the action in the name of the administrator of his estate.
While that motion was pending- the case was submitted on the merits for final action; but as the motion, as well as the certificate of the appointment of the administrator filed therewith, failed to disclose the date of the claimant’s death, and the evidence indicated that it was prior to the time of the filing of the petition herein, the case was remanded for more specific evidence on that point.
The motion to…
2Cases cited1 opinion
- Duran v. United StatesUnited States Court of Claims · 1896
3Cited by1 opinion
- Kenneth House v. Mitra QSR KNE LLCCourt of Appeals for the Fourth Circuit · 2019