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MOSES v. WOOSTER

115 U.S. 285 (1885)

MOSES & Another v. WOOSTER.

Supreme Court of United States.

Decided November 2, 1885.

Attorney(s) appearing for the Case

Mr. Horatio P. Allen for the motion.

Mr. Frederic H. Betts and Mr. J.E. Hindon Hyde opposing.

MR. CHIEF JUSTICE WAITE delivered the opinion of the court. After stating the facts in the language reported above, he continued:

The Judiciary Act of 1789, 1 Stat. 90, ch. 20, § 31, provided that "if there be two or more plaintiffs or defendants, and one or more of them shall die, if the cause of action shall survive to the surviving plaintiff or plaintiffs, or against the surviving defendant or defendants, the writ...

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