Johnson v. Williams

2 Abb. Pr. 229

Opinion

CleeKE, J.

As more than one year has elapsed since the death of Denison Williams, the actions cannot be continued without filing a supplemental complaint as prescribed by section 121 of the Code. From the language of the same section it is evident that the permission of the court, on motion, to continue the action, must be obtained, whether the continuance of it is sought within or after the expiration of the year.

These actions are to be continued on filing a supplemental complaint. No costs.