Mohney v. Davis

Citations

• 102 Wash. 158
• 172 P. 919
• 1918 Wash. LEXIS 928

Syllabus

<p>Pasties—Substitution—Statutes. The prohate code, Laws 1917, p. 674, § 116, providing for the substitution of parties in actions pending against a decedent at the time of his death, applies to actions pending in the superior court, and does not repeal Rem. Code, § 1743, relating to substitutions in the supreme court upon the death of party after final judgment in the superior court.</p> <p>Appeal-—Pasties—Death Pendino Appeal—Substitution — Time —Statutes. Rem. Code, § 1743, providing for substitution on appeal in case of the death of a party after final judgment “as in case of the death of a party pending an action in the superior court,” refers to the act of 1917, p. 674, § 116, providing that such substitution be made within 90 days after the first publication of notice to creditors, which provision is mandatory.</p>