Flynn v. Hirschauer

Ohio Superior Court, Cincinnati

Flynn v. Hirschauer

1 Handy 480

DecidedMay 15, 1855

StatusPublished

This text of 1 Handy 480 (Flynn v. Hirschauer) is published on Counsel Stack Legal Research, covering Ohio Superior Court, Cincinnati primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Flynn v. Hirschauer, 1 Handy 480 (Ohio Super. Ct. 1855).

Pincite

Opinion

Spencer, J.

Section 899 of the Code provides, that “no action pending in any court, shall abate by the death of either or both the parties thereto, except an action for libel, slander, malicious prosecution, assault, or assault and battery, for a nuisance, or against a Justice of the Peace for misconduct in office, which shall abate by the death of the defendant.” We do not think the action abates by the death of the plaintiff.

The motion will, therefore, be sustained.

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Spencer, J.

Section 899 of the Code provides, that “no action pending in any court, shall abate by the death of either or both the parties thereto, except an action for libel, slander, malicious prosecution, assault, or assault and battery, for a nuisance, or against a Justice of the Peace for misconduct in office, which shall abate by the death of the defendant.” We do not think the action abates by the death of the plaintiff.

The motion will, therefore, be sustained.

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Bluebook (online)

1 Handy 480, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flynn-v-hirschauer-ohsuperctcinci-1855.