Heinmuller v. Gray
The Superior Court of New York City
Appeal from, an order of revivor. William Heinmuller sued John C. Abbott and Hiram B. Gray, in the New York superior court, as indemnitors of the sheriff, for damages in trespass, in taking and conveying away plaintiff’s goods under process of court directed against a stranger. After trial and verdict, judgment was entered, on June 10, 1871, in favor of the plaintiff for two thousand four hundred and eighty-one dollars and fifty-four cents.
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Appeal from, an order of revivor. William Heinmuller sued John C. Abbott and Hiram B. Gray, in the New York superior court, as indemnitors of the sheriff, for damages in trespass, in taking and conveying away plaintiff’s goods under process of court directed against a stranger. After trial and verdict, judgment was entered, on June 10, 1871, in favor of the plaintiff for two thousand four hundred and eighty-one dollars and fifty-four cents. On defendants’ appeal to the court at general term, the judgment was reversed and a new trial ordered, with costs to abide the event. About January 27,…
1Opinion of the Court
By the Court.
Freedman, J.
The appellant's claim, upon which her counsel rested his argument, that the order appealed from is illegal, for the reason that the action cannot be continued against her, is not well founded.
Section 121 of the Code provides that no action shall abate by the death of a party, if the cause of action survive and continue. The legal effect of this provision, in its application to the case of the death of a defendant generally, is, that the action is not abated, but merely suspended by such death, if an action for the same cause may be maintained against the personal…
2Cases cited8 opinions
- Voorhis v. . Childs'New York Court of Appeals · 1858
- Union Bank v. . MottNew York Court of Appeals · 1863
- Potter v. . Van VrankenNew York Court of Appeals · 1867
- McVean v. ScottNew York Supreme Court · 1866
- Bucknam v. BrettNew York Supreme Court · 1861
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