Moore v. Rand
Wisconsin Supreme Court
ERROR TO THE IOWA CIRCUIT COURT. This was an action of trespass to the person, instituted Tby Stephen S. Eand against the plaintiff in error. The declaration was filed Sept. 18, 1850. On the 24th October, 1850, the pleas of the general issue, and son assault demesne, were interposed by the defendant. On the first plea an issue was made up. On the 2d plea no issue was ever made up or default taken.
Read the full summary
ERROR TO THE IOWA CIRCUIT COURT. This was an action of trespass to the person, instituted Tby Stephen S. Eand against the plaintiff in error. The declaration was filed Sept. 18, 1850. On the 24th October, 1850, the pleas of the general issue, and son assault demesne, were interposed by the defendant. On the first plea an issue was made up. On the 2d plea no issue was ever made up or default taken. On the 20th October, 1851, plaintiff, by his attor ney, suggested the death of the plaintiff, and the court ordered that the plaintiff have leave to revive his suit upon the appointment of an…
1Opinion of the Court
By the Court,
Whiton, C. J.
We see no’ error in this *248rec01’d. Our statute provides (JR. 8. Chap. 96, § 2,) in the case of the death of a party to a suit, whether plaintiff" or defendant, that the death of the party shall be suggested on the record, and that his executor or administrator may thereupon appear and take upon himself the prosecution or defence of the suit, as the case may be; and, that the suit shall thenceforth be conducted in the same manner as if it had been originally commenced by or against the executor or administrator. This was done in the case before us. The death of Rand…
2Cited by5 opinions
- Supervisors of La Pointe v. O'MalleyWisconsin Supreme Court · 1879
- Strong v. EldridgeWashington Supreme Court · 1894
- Arizona Department of Economic Security v. Magma Copper Co.Court of Appeals of Arizona · 1980
- Huffman v. ParsonsSupreme Court of Arkansas · 1879
- Kansas City Packing Co. v. HooverCourt of Appeals for the D.C. Circuit · 1893