New York Supreme Court, 1841

Bain v. Pine

Bain v. Pine
New York Supreme Court · Decided July 15, 1841 · Bronson
1 Hill & Den. 615

Counsel

A. Taber, , J. Edwards, on behalf of the administrator, opposed the motion.

Bain v. Pine

Opinion of the Court

By the Court, Bronson, J.

The object of the statute to which the counsel refers, was to prevent an abatement where the new representative chooses to come in and con-' tinue the suit. Brown, who has succeeded Mrs. Bain in *616the administration, might have taken her place, and gone on with the action; but we think he has an election; and cannot be compelled to do so against his will.

Motion denied.

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