Oscar H. Vaughn v. James D. Morton

How courts have described this case

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

• explaining that an action under the survival statute does not commence until the personal representative of the estate is substituted for the deceased
• “The Plaintiff’s failure to ‘strictly follow’ that last mandatory step of securing the naming of the personal representative as the defendant before the expiration of the statute of limitations is fatal to his action . . . .”
• “The Plaintiff’s failure to ‘strictly follow’ that last mandatory step of securing the naming of the personal representative as the defendant before the expiration of the statute of limitations is fatal to his action under our holding in Bryant.”
• “[T]he Deceased’s insurer, acting ‘for and in behalf of . . . James D. Morton’ pursuant to a provision in the policy which gives the insurer the right to ‘defend an insured,’ filed a motion to dismiss asserting that the statute of limitations had expired.”

Source: CourtListener parenthetical corpus (CC0).