Overlock v. Shinn

Citations

• 28 Wash. 205
• 68 P. 436
• 1902 Wash. LEXIS 476

Syllabus

<p>ACTIONS-ABATEMENT BY DEATH-NEW SUIT BY REPRESENTATIVE-CONSTRUCTION OF STATUTE.</p> <p>Under Bal. Code, § 4837, wbicb provides that “no action shall abate by the death ... of the party,</p> <p>if the cause of action survive or continue; but the court may at .any time within one year thereafter, on motion, allow the action to be continued by or against his representatives or successors in interest,” an action abates upon the death of plaintiff, where more than one year elapses thereafter without any disposition being made of it, and therefore it would not be a bar to the commencement of a second action by the administrator of deceaent.</p> <p>SAMÉ-SUITS IN EQUITY.</p> <p>Under the statute of this state (Bal. Code, § 4793) abolishing forms of actions, the common-law rule relating to the abatement of actions on the death of a party is applicable to suits of equitable cognizance.</p>