Valley Railway Co. v. Bohm
This text of 29 Ohio St. 633 (Valley Railway Co. v. Bohm) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
By the 407th section of the code of civil' procedure, when the plaintiff in an action dies, and his-right has passed to his heirs or devisees, who could support the action if brought anew, the revivor must be in their names. By analogy, we have no hesitation in saying this provision is applicable to proceedings in error. It follows-that the court erred in ordering the revivor in the name of the administrator. The right of Bohm, upon his death, passed to his heirs or devisees, and they alone could support the proceeding in error, if brought anew. The judgment must be reversed, and the cause remanded to the common pleas for further proceedings.
Judgment accordingly.
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29 Ohio St. 633, Counsel Stack Legal Research, https://law.counselstack.com/opinion/valley-railway-co-v-bohm-ohio-1876.