Reed v. Shallcross

Superior Court of Delaware

Reed v. Shallcross

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

Superior Court of Delaware·Decided March 21, 1917·No. No. 142·Published·Cited by 1 cases

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.

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

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