Coon v. Knapp
New York Supreme Court
Shankland, Gray, Balcom and Mason, Justices, After a judgment was rendered in this cause against the defendant, and after the defendant had appealed from such judgment to the general term, and while such appeal was pending, the defendant died. After a year and three months from the death of the defendant, the administrators of the defendant make this motion to be substituted as defendants upon the record.
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Shankland, Gray, Balcom and Mason, Justices, After a judgment was rendered in this cause against the defendant, and after the defendant had appealed from such judgment to the general term, and while such appeal was pending, the defendant died. After a year and three months from the death of the defendant, the administrators of the defendant make this motion to be substituted as defendants upon the record. In the meantime the appeal has been argued and decided, and the judgment was affirmed. The judgment in the action was rendered April 24, 1854. In May, 1854, the defendant appealed to the…
1Opinion of the Court
By the court—Mason, Justice.
This motion is founded upon § 121 of the Code, which provides that, “No action shall *176abate by the death, marriage, or other disability of a party, or by the transfer of any interest therein, if the cause of action continue or survives.” In case of death, marriage, or other disability of a party, the court, on motion, at any time within one year thereafter, or afterwards, on a supplemental complaint, may-allow the action to be continued by or against the representative, or successor in interest. (Code, § 121.) This section-is too plain to admit of doubt in its…
2Cited by3 opinions
- Emeric v. AlvaradoCalifornia Supreme Court · 1884
- White v. JohnsonOregon Supreme Court · 1895
- Stewart v. PowersThe Superior Court of New York City · 1874