Stautzenbach, Admr. v. Fritz

Appellant, as plaintiff, brought this action in Common Pleas Court to recover damages for the benefit of the estate of his decedent from Gordon Irving Fritz, who, it is alleged, caused the death of decedent by an assault committed on June 28, 1941, the death following two days later.. The petition was filed on June 22, 1942, and thereupon the defendant filed a motion to dismiss the cause “on the ground that this action can not be maintained against this defendant for the reason that the only heirs at law of Thomas Nick, the decedent, and the only persons who have an interest in the estate of…