1 How. N.P. 10
Michigan Superior Court, Grand Rapids
Decided March 15, 1883
Michigan Superior Court, Grand Rapids · decided 1883-03-15
This was an action of trover against two defendants.. AVhile the suit was pending one of the defendants died, and an attempt was made to revive as against the administrators. Motion to dismiss the proceedings against the-administrators.
Decided 1883-03-15
¶1The Court,
¶2held that when an action is brought against two or more defendants and one dies,, the suit cannot be revived against the administrator of' such deceased defendant; that the case must proceed, if *11at all, against the surviving defendants. The proceedings to revive are entirely statutory, and are not authorized in such cases. 2 C. L., 5824, page 1686.