Civil Procedure Reports

Cover Civil Procedure Reports
Civil Procedure Reports
New York (State)
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An action of ejectment may be revived and continued after verdict when the party dies before. Doherty v. Matsell, U Civ. Pro. 103.
An action may also be revived to permit an executor to contest liability for costs, although cause of action has abated. Campbell v, Gallagher, 18 Civ. Pro. 90.
Also for purposes of appeal, even although the cause of action haa abated. Campbell v. Gallagher, 18 Civ. Pro. 90; Miller v, Gunn, 7 How. Pr. 159; Wood v. Phillips, 11 Abb. Pr. N. S. 1; Comstock v.
Dodge, 43
... How. Pr. 47 ; Atlantic Dock Co. v. Mayor, 53 N. Y. 64.
An action for damages against a corporation abates upon the dis- solution of such a corporation, imless there is a statute to the con- trary. Grafton v. Union Ferry Co., 20 Civ. Pro. 238.
See also same case on appeal in 22 Civ. Pro. 402, and note to same on page 407. But see People v. Troy Steel ft Iron Co., 24 Civ.
Pro. 201.
Sxtbbooate's Coubt.
Prior to 1891 there was no authority for continuing a pending undetermined special proceedings in the name of administrator or executor.


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