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abatement of suit by death

Definitions from Case Law · United States Supreme Court

Definitions from Case Law

in real and personal actions, the death of either party, before judgment, did at common law abate the suit; and... the 31st section of the Judiciary Act of 1789, c. 20., was necessary to enable the action to be prosecuted by or against the representatives of the deceased party, when the cause of action survived. But this section is clearly confined to personal actions.