Bain v. Pine

New York Supreme Court

Bain v. Pine

1 Hill & Den. 615

DecidedJuly 15, 1841

StatusPublished

This text of 1 Hill & Den. 615 (Bain v. Pine) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bain v. Pine, 1 Hill & Den. 615 (N.Y. Super. Ct. 1841).

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Opinion

By the Court, Bronson, J.

The object of the statute to which the counsel refers, was to prevent an abatement where the new representative chooses to come in and con-' tinue the suit. Brown, who has succeeded Mrs. Bain in [616]*616the administration, might have taken her place, and gone on with the action; but we think he has an election; and cannot be compelled to do so against his will.

Motion denied.

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By the Court, Bronson, J.

The object of the statute to which the counsel refers, was to prevent an abatement where the new representative chooses to come in and con-' tinue the suit. Brown, who has succeeded Mrs. Bain in [616]*616the administration, might have taken her place, and gone on with the action; but we think he has an election; and cannot be compelled to do so against his will.

Motion denied.

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Bluebook (online)

1 Hill & Den. 615, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bain-v-pine-nysupct-1841.