Hurst v. Fisher
Cases that cite this one
6 later published cases cite this decision.
- Marzella v. King (Pa. Super. Ct. 1978)
- Peterson v. Foden (Bucks County Court of Common Pleas 1973)
- Volk Estate (Philadelphia County Orphans' Court 1965)
- Thompson v. Peck (Pa. 1935)
- Mitchell v. King (Ill. 1900)
- Armstrong v. Nixon (Tex. 1856)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The opinion of the Court was delivered by
On the authority of Sandback v. Quigley, (8 Watts 460) and for the reasons assigned by Mr Justice Parsons, the judgment is affirmed. The death of a plaintiff before suit brought, may be pleaded, either in abatement or in bar, because it not only suspends the action, but destroys it altogether. And when a judgment, in favour of or against a dead man, is inadvertently rendered, the party aggrieved may be relieved by writ of error coram nobis. Here the suit was brought before the passage of the Act of the 23d of April 1829, and stands unaffected by its emendatory provisions.
Judgment affirmed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.