Moul v. Pace

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that substitution of proper party upon death of a party was not applicable in automobile accident action as to one defendant who was dead at time suit was filed.
• “Rule 25(a)(1) does not apply in this case because the defendant Pace was deceased at the time the suit was filed.”
• “no procedural mechanism exists for the Court to substitute [decedent’s] presence in this 16 case for that of a personal representative of his estate.”
• “no 18 procedural mechanism exists for the Court to substitute [decedent’s] presence in this case for that 19 of a personal representative of his estate.”
• “no procedural 27 mechanism exists for the Court to substitute [decedent’s] presence in this case for that of a 28 personal representative of his estate.”
• wrongful death suit brought after plaintiff died void

Source: CourtListener parenthetical corpus (CC0).