Reed v. Shallcross

29 Del. 447 | Del. Super. Ct. | 1917

Boyce, J.,

delivering the opinion of the court:

[1-3] This action survives to the personal representative of the deceased in right of the deceased. Rev. Code 1915, § 4155. Upon the substitution of the administrator of the deceased as party plaintiff, the name of Willard S. Reed, who'joined with the wife in the action, but was not a necessary party (Rev. Code 1915, § 3052), automatically dropped. The declaration cannot, either before or after the death of the wife, contain any statement of a cause of action, for which the husband alone might sue.

A recovery can only be had by the administrator in the right of Mary G. Reed, the deceased.

The demurrer is sustained.