¶1The act of June, 1831, provided for reviving chancery proceedings in a summary way by order, without a bill of revivor; but the act expressly provides that suits before then commenced shall be conducted without reference to that act. This suit was commenced before the passage of the act. The death of a party abates a chancery suit, according to the usual mode of proceeding in that court, and a bill of revivor is requisite to revive and continue it. The agreement of the parties, in court, to dispense with a bill or pleadings, will not be regarded — -the court will only try what is legally presented to it. The order of the last term was improvidently entered, and is inoperative.
1 Wright 518
Vail v. Ely
Decided April 15, 1834
Ohio Supreme Court · decided 1834-04-15
In Chancery. The hill was filed in 1830, and one of the complainants died previous to the last term of this court, when an order was made that the bill stand revived, and the representatives *were then made parties by the court. This proceeding was [519 now objected to.
Decided 1834-04-15