Smith v. Bimini Income Properties, Inc.

California Court of Appeal

Smith v. Bimini Income Properties, Inc.

32 P.2d 399, 138 Cal. App. 447, 1934 Cal. App. LEXIS 757

CourtCalifornia Court of Appeal

DecidedMay 7, 1934

DocketCiv. No. 9241

StatusPublished

Cited by1 cases

This text of 32 P.2d 399 (Smith v. Bimini Income Properties, Inc.) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Smith v. Bimini Income Properties, Inc., 32 P.2d 399, 138 Cal. App. 447, 1934 Cal. App. LEXIS 757 (Cal. Ct. App. 1934).

Pincite

Opinion

ARCHBALD, J., pro tem.

Motion to dismiss an appeal from a judgment in favor of defendants in an action for damages for personal injuries suffered by plaintiff, allegedly due to defendants’ negligence. The ground of the motion is the death of appellant.

[448]*448The motion and supporting affidavit were served on appellant’s attorney, who has not appeared nor controverted such statement. We therefore must assume that it is true.

No citation of authority is necessary to show that such an action does not survive. “Actio personalis moritur cum persona’’ is a legal maxim that has come down to us from the earliest days of the common law (Krammer v. San Francisco etc. Ry. Co., 25 Cal. 435), and it has not been changed by statute. (Fowden v. Pacific Coast Steamship Co., 149 Cal. 151 [86 Pac. 178].)

Appeal dismissed.

Stephens, P. J., and Craig, J., concurred.

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