Ex Parte Corder

This is an action brought under section 5695, Code, by the father for the death of a minor child. After the institution of the suit, defendant died and over the protest of his administrator, the suit was revived against him. This proceeding is to test the right to do so. The contention is that the cause of action did not survive defendant’s death, and therefore the action cannot be revived. It is further contended that though an action for a tort may survive, it is only so as to compensatory damages, and that because punitive damages only may be recovered in this action, therefore no good…