2 How. Pr. 17
Decided December 15, 1845
New York Supreme Court · decided 1845-12-15
Motion by defendants for judgment as in case of nonsuit. The defendants moved on a stipulation given by plaintiff 23d May, 1845, to try, and an affidavit showjng that subsequent thereto a circuit was held at which the cause was not noticed for trial by plaintiffs, &c. The plaintiffs showed that this was an action for trespass on lands claimed by plaintiffs; that Oathalina B. Dyckman, one of the plaintiffs, died on the 22d February, 1845, and that no suggestion.of her death…
Cited by 1 later decisions — most recently December 1889
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1845-12-15
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¶1Motion denied without costs to either party, on the *ground that the suit abated by the death of 0. B. Dyckman on the 2 2d February, 1845 ; it being an action of trespass on lands, the cause of action did not survive to her co-plaintiffs. (2 R. S. 386, § 1.)
¶2Another cause between the same plaintiffs and Amos Bixby, for a like motion, was decided the same.