 | Abraham Caruthers - Civil procedure - 1866 - 716 pages
...of OTHER DISABILITIES. "Actions do not abate by the death, marriage, or other disability of either party, or by the transfer of any interest therein, if the cause of action survives or continues." (Code, 2845.) The cause of action does continue, but it is by the marriage... | |
 | New York (State) - 1867 - 1086 pages
...maintained. (Id.) ,§ 121. [101.] (Am'd 1849, 1857, 1862.) Existing suits. Action when not to abate. • ֥ 3 N ; w #9 - H .L # 5 )!:LB Y M <n R IP y < G %P... D JJn8` 3 ~ q 8~ G} Q ~0 m, ǹ=VU N z r H g& ⦆WG or afterwards on a supplemental complaint, may allow the action to be continued by or against his representative... | |
 | Nathan Howard (Jr.) - Civil procedure - 1867 - 634 pages
...at Lage, 441.) Let us now turn to the provisions of the Code. Section 121 of the Code declares, that no action shall abate by the death, marriage or other...the cause of action survive or continue. In case of transfer of interest otherwise than by death, marriage or other disability, the action shall be continued... | |
 | John Townshend - Court rules - 1867 - 298 pages
...of the plaiutiff. § 121. [101.] (Am'd 1849, 1857, 1862.) Existing suits. Action when not to abate. No action shall abate by the death, marriage, or other disability of a party, or by the transfer ef any interest therein, if the cause of action survive or continue. In case of death, marriage, or... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - Law reports, digests, etc - 1868 - 724 pages
...at Large, 441.) Let us now turn to the provisions of the Code. Section 121 of the Code declares that no action shall abate by the death, marriage or other...the cause of action survive or continue. In case of transfer of interest otherwise than by death, marriage or other disability, the action shall be continued... | |
 | New York (State). Court of Appeals, Joel Tiffany - Law reports, digests, etc - 1868 - 858 pages
...have no difficulty in affirming the judgment upon the merits. Section 121 of the Code declares that " no action shall abate by the death, marriage, or other...therein, if the cause of action survive or continue." The question then is, did the cause of action survive or continue to the representatives of the deceased... | |
 | United States. Circuit Court (2nd Circuit) - Law reports, digests, etc - 1868 - 624 pages
...1850. No action, real, or personal, shall abate by the death, marriage, or other disability of either party, or by the transfer of any interest therein,...the cause of action survive or continue. In case of the death, marriage, or other disability of a party, the Court, on motion, may allow the cause to be... | |
 | California, Theodore Henry Hittell - Civil procedure - 1868 - 416 pages
...of interest. § 16.* An action shall not ahate hy the death, or other dieahility of a party ; or hy the transfer of any interest therein, if the cause of action survive or continue. In case of the death, or other disahility of a party, the court, on motion, may allow the action to he continued... | |
 | Civil procedure - 1868 - 584 pages
...would have been, under the old nomenclature, an action of ejectment. The Code (§ 121) provides that " no action shall abate by the death, marriage, or other disability of a party, or by the Mocely a. Mosely. transfer of any interest therein, if the cause of action survive or continue. In... | |
 | South Carolina - 1868 - 942 pages
...plaintiff. SEC. 144. No action shall abate by the death, marriage, or other dissu?t8.0 ActioS ability of a party, or by the transfer of any interest therein, if the cause when not to of action survive or continue. In case of death, marriage, or other disability of a party,... | |
| |
No action shall abate by the death, marriage, or other disability of a party, or by the transfer of any interest therein, if the cause of action survive or continue. 
