1 Handy 480
Ohio Superior Court, Cincinnati
Decided May 15, 1855
Ohio Superior Court, Cincinnati · decided 1855-05-15
This was an action brought, by James Flynn in his life time, to recover .damages for an alleged malicious prosecution. During the pendency of the action he died, and his widow, the present plaintiff, took out letters of administration upon his estate, and, suggesting his death, moved to be made.a party plaintiff, and to proceed with the action. It was contended by defendants, that the action abated by death of the plaintiff.
Decided 1855-05-15
¶1Section 899 of the Code provides, that “no action pending in any court, shall abate by the death of either or both the parties thereto, except an action for libel, slander, malicious prosecution, assault, or assault and battery, for a nuisance, or against a Justice of the Peace for misconduct in office, which shall abate by the death of the defendant.” We do not think the action abates by the death of the plaintiff.
¶2The motion will, therefore, be sustained.