 ... action shall survive to the surviving plaintiff or plaintiffs, or against the surviving defendant or defendants, the writ or action shall not be thereby abated: but such death being suggested upon the record, the action shall proceed at the suit of...  Atlantic Reporter - Page 2551917Full view - About this book
 | Joseph Chitty - 1809 - 550 pages
...the " writ or action shall not be thereby abated, but such death be" ing suggested upon the record, the action shall proceed " at the suit of the surviving plaintiff or plaintiffs against the " surviving defendant or defendants ;" and consequently since % <jg this statute... | |
 | Massachusetts, William Charles White - 1809 - 220 pages
...defendants, the writ or action shall not be thereby abated ; but such death, being suggested on the record, the action shall proceed, at the suit of the surviving plaintiff or plaintiffs, See Stor. Plead. 70, . , . . , r . « r • -•-• innotii. against the surviving defendant... | |
 | William Tidd - 1817 - 718 pages
...the writ or action shall not be thereby <( abated; but such death being suggested upon the record, " the action shall proceed, at the suit of the surviving plaintiff * or plaintiffs, against the surviving defendant or defendants k ." And if the plaintiff become bankrupt... | |
 | Edward Ingersoll - 1821 - 882 pages
...defendants, the writer action shall not be thereby abated; but such death being suggested upon the record, the action shall proceed at the suit of the surviving plaintiff or plaintiffs, against the surviving defendant or defendants. 29. SEc. xxxn. No summons, writ, declaration,... | |
 | Rhode Island - 1822 - 592 pages
...defendants, the writ or action shafl not be thereby abated, but such death being suggested upon the record, the action shall proceed at the suit of the surviving plaintiff or plaintiffs, or against the surviving defendant or defendants. SEC. 22. And be it further enacted, That... | |
 | Sir John Comyns - 1824 - 840 pages
...action shall not be thereby abated, but such death being suggested upon the record, [Vide 8 Mod. 1 16.,] the action shall proceed at the suit of the surviving plaintiff or plaintiffs, against the surviving defendant or defendants. [Vide supra, (H 32.) 3. — In prohibition... | |
 | sir William Blackstone - 1825 - 568 pages
...defendants, the writ or action shall not be thereby abated, but such death being suggested on the record, the action shall proceed at the suit of the surviving plaintiff or plaintiffs against the surviving defendant or defendants. (9) The reason here assigned is a singular... | |
 | Charles Petersdorff - 1825 - 848 pages
...defendants, the writ or action shall not be thereby abated ; but such death being suggested upon the record, the action shall proceed at the suit of the surviving plaintiff or plaintiffs against the surviving defendant or defendants. See Wallop v. Irwin, 1 Wils. 316; Sibbet... | |
 | William Tidd - 1828 - 666 pages
...defendants, the writ or action shall not be thereby abated; but such death being suggested upon the record, the action shall proceed, at the suit of the surviving plaintiff or plaintiffs, against the surviving defendant or defendants."' And if the plaintiff become bankrupt after... | |
 | New York (State) - 1829 - 878 pages
...thereby abated ; but in either of the said cases, such Jeatli shall be suggested on the record, and the action shall proceed at the suit of the surviving plaintiff, or against the surviving defendant, as the case may require.1 ndois «5 2. Where there is but one plaintiff in an action, if he shall die... | |
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