Christian & Craft Co. v. Dantzler Lumber Co.

Citations

• 78 Miss. 74

Syllabus

<p>1. Assumpsit. Joint plaintiffs. Death of one. Revivor. Waiver.</p> <p>Where a defendant in an action of assumpsit has gone to trial without objection on account of a failure to revive in the name of the legal representative of one of the plaintiffs, who has died since the institution of the suit, the irregularity, if such it be, will be treated as waived.</p> <p>3. Same. Revivor not required.</p> <p>A revivor in the name of the administrator of one of several plaintiffs in assumpsit, who has died since the institution of the suit, is unnecessary to the prosecution of the cause to judgment.</p> <p>3. Same. Supreme court practice.</p> <p>In an action of assumpsit by several plaintiffs, if one of them die, and judgment be taken in the names of the living plaintiffs and the administrator of the deceased, such judgment will not be reversed by the supreme court because there was no formal revivor of the suit in the name of the administrator.</p> <p>4. Witness. Nonresident. Continuance.</p> <p>A continuance of a cause cannot rightfully be demanded because of the absence of a witness who resides out of the state.</p>