Baudrig v. Powers

Michigan Superior Court, Grand Rapids

Baudrig v. Powers

1 How. N.P. 10

Michigan Superior Court, Grand Rapids·Decided March 15, 1883·Published

Opinion

The Court,

Parrish J.,

held that when an action is brought against two or more defendants and one dies,, the suit cannot be revived against the administrator of' such deceased defendant; that the case must proceed, if [11]*11at all, against the surviving defendants. The proceedings to revive are entirely statutory, and are not authorized in such cases. 2 C. L., 5824, page 1686.

Decided March, 1883. Sliter & Rogers for plaintiffs. Taggert, Stone & Earle for defendants.

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The Court,

Parrish J.,

held that when an action is brought against two or more defendants and one dies,, the suit cannot be revived against the administrator of' such deceased defendant; that the case must proceed, if [11]*11at all, against the surviving defendants. The proceedings to revive are entirely statutory, and are not authorized in such cases. 2 C. L., 5824, page 1686.

Decided March, 1883. Sliter & Rogers for plaintiffs. Taggert, Stone & Earle for defendants.

Baudrig v. Powers, 1 How. N.P. 10 (Mich. Super. Ct. 1883).

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