Mayer v. Bruns

Decided January 28, 1896

City of New York Municipal Court · decided 1896-01-28

<p>Abatement and revivar—Substitution of administrator.</p> <p>Under § 757 of the Code, the court need not, on the death of a defendant, substitute his administrator, where the complaint shows the action is barred by the statute of limitations and the answer sets up the statute.</p>

Decided 1896-01-28

FITZSIMONS, J.

¶1The order appealed from must be affirmed, -with costs, for the reason stated in the opinion of the special term *514justice. Besides, it is undisputed that the motion was not made by the plaintiff’s, attorney of record.

¶2All concur.

¶3The following opinion was rendered at special term by Mr. Justice CONLAN:

¶4“The complaint shows on its face that the action was not commenced within six years, and the answer pleads the statute of limitations. I see no reason for bringing in the administrator. Motion denied.”