Reed v. Shallcross

Superior Court of Delaware

Reed v. Shallcross

100 A. 474, 29 Del. 447, 6 Boyce 447, 1917 Del. LEXIS 17

CourtSuperior Court of Delaware

DecidedMarch 21, 1917

DocketNo. 142

StatusPublished

Cited by1 cases

This text of 100 A. 474 (Reed v. Shallcross) is published on Counsel Stack Legal Research, covering Superior Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Reed v. Shallcross, 100 A. 474, 29 Del. 447, 6 Boyce 447, 1917 Del. LEXIS 17 (Del. Ct. App. 1917).

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Opinion

Boyce, J.,

delivering the opinion of the court:

[1-3] This action survives to the personal representative of the deceased in right of the deceased. Rev. Code 1915, § 4155. Upon the substitution of the administrator of the deceased as party plaintiff, the name of Willard S. Reed, who'joined with the wife in the action, but was not a necessary party (Rev. Code 1915, § 3052), automatically dropped. The declaration cannot, either before or after the death of the wife, contain any statement of a cause of action, for which the husband alone might sue.

A recovery can only be had by the administrator in the right of Mary G. Reed, the deceased.

The demurrer is sustained.

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Boyce, J.,

delivering the opinion of the court:

[1-3] This action survives to the personal representative of the deceased in right of the deceased. Rev. Code 1915, § 4155. Upon the substitution of the administrator of the deceased as party plaintiff, the name of Willard S. Reed, who'joined with the wife in the action, but was not a necessary party (Rev. Code 1915, § 3052), automatically dropped. The declaration cannot, either before or after the death of the wife, contain any statement of a cause of action, for which the husband alone might sue.

A recovery can only be had by the administrator in the right of Mary G. Reed, the deceased.

The demurrer is sustained.

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Bluebook (online)

100 A. 474, 29 Del. 447, 6 Boyce 447, 1917 Del. LEXIS 17, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reed-v-shallcross-delsuperct-1917.

Opinion

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