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University of Michigan Law School

Civil Procedure

1938

Billingsley v. Townsend

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Abatement And Revival - Exception From Survival Statute Of Actions For Slander As Preventing Survival Of Action For Slander Of Title, Michigan Law Review Mar 1938

Abatement And Revival - Exception From Survival Statute Of Actions For Slander As Preventing Survival Of Action For Slander Of Title, Michigan Law Review

Michigan Law Review

Pending plaintiff's action for slander of title, defendant died. A statute provided that no action should abate by the death of either party thereto except actions for libel, slander, malicious prosecution, nuisance, or actions against a justice of the peace for misconduct in office. Held, the action abated, because, although slander of title was not expressly excepted from the operation of the statute, still the action of slander as specifically excepted by the statute embraces the action of slander of title. Billingsley v. Townsend, 132 Ohio St. 603, 9 N. E. (2d) 690 (1937).