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ABATEMENT.
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ACTS OF ASSEMBLY.
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Where the suit abates by the death of
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The acts of Assembly which authorize
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a party, the injunction is not thereby
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the sale of the veal estates of infants
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dissolved without notice to revive. —
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considered as to their true construc-
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Walsh v. Smyth, 23.
But on the ground of the great lapse of
time after the abatement, the defendant
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tion, their practical utility, and their
constitutionality. —Williams1 case, 189,
209.
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may move at once for a dissolution of
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An act of Assembly which assumes, that
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the injunction, 24.
Where after a suit has abated by the
death of a plaintiff, and some of the de-
fendants, the survivors bring the case
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the property belongs to either party,
after a court of competent jurisdiction
has determined that it belongs to neither,
deemed unconstitutional. — The Wharf
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to a hearing, and the injunction is dis-
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case, 335,
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solved as to all, none of the represen-
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tatives of the deceased parties can com-
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AD QUOD DAMNUM.
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plain, 22.
A creditor's suit does not abate by the
death of a plaintiff or any creditor, who
may have come in, if there be then
a plaintiff or creditor competent to
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At common law an inquisition under a
writ of ad quod damnum must be held
before the property can be taken, —
Compton v. The Susquehanna Rail
Road, 389.
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prosecute the suit. — Austin v. Coch-
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The usual provision in road and canal
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ran, 339.
But a creditor's suit will abate by the
death of a defendant, heir, or devisee,
whether there be any surplus of the
proceeds of sale to be returned to him
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acts for the condemnation of private
property, held to be a substitute for the
writ of ad quod damnum, 389
Under the acts incorporating road, and
canal companies, unless otherwise pro-
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or not, 340.
A discharge under the insolvent law of a
party to a pending suit does not operate
as an abatement; but the suit becom-
ing thereby defective, the defect must
be removed before the suit can pro-
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vided, the damages may be assessed
either before or after the property has
been taken; except where the value
would be so obscured as to prevent the
jury from making a fair valuation from
their own view. But no unreasonable
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ceed. — Hall v. McPherson, 538.
Where a bill prays relief against several
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delay or fraud, in taking the inquisi-
tion, will be suffered, 388.
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on the ground, that the deed under
which they all claim is fraudulent, and
one dies the suit abates as to all. —
Neale v. Hagthrop, 599.
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The form of a writ of ad quod damnum
and inquisition under the Provincial
government. — Pressly's case, 890.
The ad quod damnum, clause in an act of
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ACCOUNT.
The right of the plaintiff must be first
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incorporation to be construed strictly,
but fairly. — The Bellona Company's
case, 448.
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determined, as there can be no account
where the plaintiff has no title. — Neale
v. Hagthrop, 561.
Where the plaintiff may be entitled to
relief by delivery or a sale, and also to
rents and profits, the delivery or sale
should be first ordered, and then an ac-
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What is such a public use as authorizes
the taking: of private property under an
od quod damnum, 451.
The property of a corporation, as well as
that of an individual, is subject to be
taken for ft public use under the power
of eminent domain, 452.
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count up to that time, 561, 601.
In taking an account, in the absence of
proof of a particular day, a medium
must be assumed, 588.
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Where there are several public uses the
od quod damnum power mar be so lim-
ited as to preserve them all, 462.
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