TANNER v. KING

No. 4794.

102 N.H. 401 (1960)

HERBERT TANNER v. SAMUEL J. KING.

Supreme Court of New Hampshire.

Decided January 27, 1960.


Attorney(s) appearing for the Case

Shaines & Brown (Mr. Brown orally), for the plaintiff.

Sulloway, Hollis, Godfrey & Soden and Arthur W. Mudge II (Mr. Mudge orally), for the defendant.


LAMPRON, J.

RSA 556:19 provides that "Any person interested in the estate of a person deceased may begin an action as administrator, which shall not be abated nor the attachment lost because such person is not administrator, nor by his decease, if the administrator then or afterward appointed shall, at the first or second term of the court, indorse the writ and prosecute it as plaintiff."

The question to be decided is whether the plaintiff who began this action...

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