Webber v. Stanton

•By the Court,

Sutherland, J.

This action js brought, to-r'e-cover the amount of a judgment in this Court rendered Decern-: her 7,1855, and of a decree for costs made in Chanceiy December 8, 1854, against the defendant in favor of Stephen D. Sayre, now deceased. • No question is raised except as to the plaintiff's right to recover on the judgment. Sayre died on the day suciceeding the trial before the Court without a jury, and two days before the rendition of the judgment.-

It is insisted for the defendant that the suit abated on the death of Sayre, and that the judgment, being rendered '…