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In Re Conway
Cites for this judgment
- US Supreme Court
- May 28, 1900
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B. & O. Railroad v. JoySearch
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under section 955, Rev.Stat., or by motion suggesting the death of his testate and by alias summons. In Schreiber v. SharplessSearch
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upon consideration that the cause of action did not survive. Page 178 U. S. 427 In B. & O. Railroad v. JoySearch
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for a year, and probably afterwards, and a motion to dismiss would probably be necessary to get rid of the case. Dupuy v. ShearSearch
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Reynolds v. PageSearch
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to his death, and this is undoubtedly true. Service of summons was necessary for that. It was so decided in Dupuy v. ShearSearch
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is claimed to be supported by the construction of similar statutes in Oregon and Minnesota made by their courts. White v. JohnsonSearch
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Or. Page 178 U. S. 429 282, and Auerbach v. MaynardSearch
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contention, and proceeds to the extent of denying the court any jurisdiction to proceed further in the action. White v. JohnsonSearch
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provided a summons was served. But even if White v. JohnsonSearch
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and Auerbach v. MaynardSearch
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to the construction of a similar provision in the Code of Montana, made by the Supreme Court of Montana in Lavell v. FrostSearch
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of the defendant before service has not been ruled upon, but in case death occur after service, it was said in Taylor v. WesternSearch
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The same ruling was made in Campbell v. WestSearch
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Brief any citation in this list with AI Studio
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U. S. 432 both in common law and equity, and to obtain the good in both by a simpler practice. In Gordon v. TylerSearch
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This ruling was reaffirmed in Stevenson v. KurtzSearch
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of the deceased defendant may be brought in by bill of revivor. In declaring the practice, the court said, in Hubbard v. JohnsonSearch
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c. 81, sec. 95), an executor may be brought in by a revivor, although no service has been made on the testator. Heard v. MarchSearch
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The same ruling was made in Massachusetts in Heard v. MarchSearch
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opinion of the court, from the argument of counsel the ruling was apparently based on the same grounds as in Hubbard v. JohnsonSearch
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action was commenced on the day of the date of the writ, that being the process in chancery. It was said in Lyle v. BradfordSearch
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There is nothing in Lewis v. OutlawSearch
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Hyde v. LeavittSearch
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the suit could not be considered as pending until it was entered in court. The contrary was held in Clindenin v. AllenSearch
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N.H. 385. The same contention was made which was made in Hyde v. LeavittSearch
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And we may say that Hyde v. LeavittSearch
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This is the language of the section. If doubt there can be of its construction, it is removed by the case of Green v. WatkinsSearch
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Wheat. 260, and Macker's Heirs v. ThomasSearch
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Wheat. 530. Page 178 U. S. 435 In Green v. WatkinsSearch
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In other words, confine its remedy to the cases where the common law already afforded a remedy. See also McCoul v. LekampSearch
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Wheat. 111, and Hyde v. LeavittSearch
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In Schreiber v. SharplessSearch
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In B. & O. Railroad v. JoySearch
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Dupuy v. ShearSearch
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White v. JohnsonSearch
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Lavell v. FrostSearch
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Taylor v. WesternSearch
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Campbell v. WestSearch
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In Gordon v. TylerSearch
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Stevenson v. KurtzSearch
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Hubbard v. JohnsonSearch
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Heard v. MarchSearch
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Lyle v. BradfordSearch
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Lewis v. OutlawSearch
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Clindenin v. AllenSearch
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of Green v. WatkinsSearch
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and Macker's Heirs v. ThomasSearch
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In Green v. WatkinsSearch
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McCoul v. LekampSearch
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