Flynn v. Hirschauer

Section 899 of the Code provides, that “no action pending in any court, shall abate by the death of either or both the parties thereto, except an action for libel, slander, malicious prosecution, assault, or assault and battery, for a nuisance, or against a Justice of the Peace for misconduct in office, which shall abate by the death of the defendant.” We do not think the action abates by the death of the plaintiff.

The motion will, therefore, be sustained.