Miller v. Wattler

Citations

• 165 F. 359

Syllabus

<p>1. Courts (§ 339*) — Federal Courts — Conformity to State Practice — Revival of Suit.</p> <p>There is no statute of limitations against an application to revive a suit in a federal court of equity after the death of parties, nor is the right governed by local statutes, and it is seldom denied on the ground of laches If any right is shown.</p> <p>[Ed. Note.- — For other eases, see Courts, Dec. Dig. § 339.*)</p> <p>2. Abatement and Revival (§ 75*) — Death of Party — Revival—Application.</p> <p>Pending a suit to enjoin the flooding of land owned by complainant by a dam, all parties thereto died, complainant having conveyed the land by deed to Iiis daughter and heir at law. and the ownership ot the dam having descended to defendant’s heirs at law. Held that, by complainant’s conveyance of his interest, the suit became defective even in his lifetime, rendering a substitution of parties complainant necessary, and by the death of defendant it abated, and that a bill of revivor and supplement was the proper procedure to revive it, and for substitution of partios.</p> <p>[Ed. Note. — Eor other cases, see Abatement and Revival, Cent. Dig. § 446; Dec. Dig. § 75.*]</p>