Paine v. Ulmer
Massachusetts Supreme Judicial Court
This was an action of the case against the defendant, as sheriff of the county of Hancock, for the default of his deputy, in not returning an execution, which the plaintiff had committed to him. Before the last November term, the plaintiff had died, and Charles Cushing, jun. Esq., to whom administration of his estate had been committed, moved at that term to be admitted to prosecute the action.
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This was an action of the case against the defendant, as sheriff of the county of Hancock, for the default of his deputy, in not returning an execution, which the plaintiff had committed to him. Before the last November term, the plaintiff had died, and Charles Cushing, jun. Esq., to whom administration of his estate had been committed, moved at that term to be admitted to prosecute the action. He was accordingly admitted, de bene esse, by Parker, J., who satin the trials of that term. A verdict was found for the plaintiff, subject to the opinion of the Court on the right of the administrator…
1Opinion of the Court
The Court,
without hesitation, determined that the action in this case survived, admitted the administrator to prosecute, and ordered judgment to be entered for him on the verdict.
2Cited by4 opinions
- Reynolds v. HennessySupreme Court of Rhode Island · 1890
- Dininny v. FayNew York Supreme Court · 1862
- Valentine v. NortonSupreme Judicial Court of Maine · 1849
- Jackson v. DaggettNew York Supreme Court · 1881