Conly v. Conly , 121 Mass. 550 ( 1877 )

By the Court.

It is useless to consider the merits of the plaintiff’s exceptions, because, if they should be sustained, the action could not be further prosecuted, having been abated by the defendant’s death since the exceptions were allowed. Gen. Sts. e. 127, § 1. Nettleton v. Dinehart, 5 Cush. 543. Cummings v. Bird, 115 Mass. 346. Action dismissed.