Respondent Mann had sued the intestate to recover damages for personal injuries resulting from an alleged assault which occurred on August 24, 1951. The action was commenced and issue was joined within the two-year period of limitation. (Civ. Prac. Act, § 50.) The trial took place on November 28, 1955. On December 2, 1955 the intestate died while the jury was deliberating. On January 3, 1958 the action was deemed
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