Powers v. Sumbler

The opinion of the court was delivered by

Porter, J.:

Ella M. Powers sued the defendant for damages for the alienation of her husband’s affections. There was a trial by a jury and a verdict and judgment in favor of the defendant. While the action was pending here on appeal the plaintiff died, and the action has been revived in the name of her personal representatives. The defendant has filed a motion to dismiss on the ground that the action, being in tort, is not one which survives. The motion to dismiss must be-*3denied. The code provision which controls reads in part:

“No action pending in any…