West v. Evans

Court of Chancery of Delaware

West v. Evans

2 Del. Cas. 524, 1819 Del. LEXIS 28

Court of Chancery of Delaware·Decided July 28, 1819·Published

Opinion

[526] On motion of Mr. Weils leave is given to amend the bill. Then the variance being corrected, the demurrer was overruled. This amendment was to correct the variance, allowing a prayer of general relief in the original bill and bill of revivor.

[Note.] In 2 Madd.Ch.Pr. [1815 ed.] 396, 397, it is said that if any of the parties, plaintiffs or defendants, die, or if a feme sole plaintiff marries (it is different if a feme sole defendant marries) regularly the suit abates, and a bill of revivor is necessary. Cites 1 Vern. 318. 1 Ves. 182. Abergavenny v. Abergavenny, Vin.Abr., title, “Baron and Feme,” Ja., pl. 20.

The original bill was allowed to be revived.

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[526] On motion of Mr. Weils leave is given to amend the bill. Then the variance being corrected, the demurrer was overruled. This amendment was to correct the variance, allowing a prayer of general relief in the original bill and bill of revivor.

[Note.] In 2 Madd.Ch.Pr. [1815 ed.] 396, 397, it is said that if any of the parties, plaintiffs or defendants, die, or if a feme sole plaintiff marries (it is different if a feme sole defendant marries) regularly the suit abates, and a bill of revivor is necessary. Cites 1 Vern. 318. 1 Ves. 182. Abergavenny v. Abergavenny, Vin.Abr., title, “Baron and Feme,” Ja., pl. 20.

The original bill was allowed to be revived.

West v. Evans, 2 Del. Cas. 524, 1819 Del. LEXIS 28 (Del. Ct. App. 1819).

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