Porter, Exr. v. Lerch

An unusually full statement of this ease has been deemed advisable for a better understanding of the somewhat complicated matters presented for decision.

The first question of major importance is whether this action abated with the death of John E. Lerch. Section 11397, General Code, recites:

“Unless otherwise provided, no action or proceeding pending in any court shall abate by the death of either or both of the parties thereto, except actions for libel, slander, malicious prosecution, for a nuisance, or against a justice of the peace for misconduct in office, which shall abale by the death of…