Hullett v. Baker

This is an action for breach of marriage contract. There was a judgment against the defendant for $1,500. He appealed to this Court, and after the appeal, ivhile the cause was pending in this Court, he died. At a former term the suit was revived against his executor, and heard upon its merits, and the judgment reversed and cause remanded. The order remanding recites that it is for the purpose of a new trial. In the Court below, after the cause was remanded, the defendant, as executor, pleaded in abatement the death of the defendant. There was a replication admitting the death and other facts…