2A:15-4. Actions which survive; torts committed by decedent
Where any testator or intestate shall, in his lifetime, have taken or carried away or converted to his use, the goods or chattels of any person, or shall, in his lifetime, have committed any trespass to the person or property, real or personal, of any person, such person, his executors or administrators, shall have and may maintain the same action against the executors or administrators of such testator or intestate as he or they might have had or maintained against the testator or intestate, and shall have the like remedy and process for the damages recovered in such action as are now had and allowed in other actions against executors or administrators.
Thursday, October 29, 2009
2A:15-3. Actions which survive; torts to decedent; funeral and burial expenses
2A:15-3. Actions which survive; torts to decedent; funeral and burial expenses
Executors and administrators may have an action for any trespass done to the person or property, real or personal, of their testator or intestate against the trespasser, and recover their damages as their testator or intestate would have had if he was living.
In those actions based upon the wrongful act, neglect, or default of another, where death resulted from injuries for which the deceased would have had a cause of action if he had lived, the executor or administrator may recover all reasonable funeral and burial expenses in addition to damages accrued during the lifetime of the deceased.
Executors and administrators may have an action for any trespass done to the person or property, real or personal, of their testator or intestate against the trespasser, and recover their damages as their testator or intestate would have had if he was living.
In those actions based upon the wrongful act, neglect, or default of another, where death resulted from injuries for which the deceased would have had a cause of action if he had lived, the executor or administrator may recover all reasonable funeral and burial expenses in addition to damages accrued during the lifetime of the deceased.
2A:15-2. Beneficiary in contract suing or defending
2A:15-2. Beneficiary in contract suing or defending
A person for whose benefit a contract is made, either simple or sealed, may sue thereon in any court and may use such contract as a matter of defense in an action against him although the consideration of the contract did not move from him
A person for whose benefit a contract is made, either simple or sealed, may sue thereon in any court and may use such contract as a matter of defense in an action against him although the consideration of the contract did not move from him
2A:15-1. Actions in person or by attorney
2A:15-1. Actions in person or by attorney
Every person of full age and sound mind may prosecute or defend any action in any court, in person or through another duly admitted to the practice of law in this state.
Every person of full age and sound mind may prosecute or defend any action in any court, in person or through another duly admitted to the practice of law in this state.
2A:14-34. Immateriality of descent cast
2A:14-34. Immateriality of descent cast
If the disseizor of an interest in real estate, having no right or title thereto, shall hereafter die seized of such interest, the descent of the right or title acquired by the disseizin to the heir of the disseizor shall not take away the right of entry of the person who, at the time of such descent, had lawful title.
If the disseizor of an interest in real estate, having no right or title thereto, shall hereafter die seized of such interest, the descent of the right or title acquired by the disseizin to the heir of the disseizor shall not take away the right of entry of the person who, at the time of such descent, had lawful title.
2A:14-33. Prescriptive right to maintain wires or cables
2A:14-33. Prescriptive right to maintain wires or cables
Whenever any wire or cable used for any telegraph, telephone, electric light, or other wire or cable for electric purposes, is or shall be attached to, or does or shall extend upon or over any building or land, no lapse of time whatsoever shall raise a presumption, or justify a prescription of any perpetual right to such attachment or extension.
Whenever any wire or cable used for any telegraph, telephone, electric light, or other wire or cable for electric purposes, is or shall be attached to, or does or shall extend upon or over any building or land, no lapse of time whatsoever shall raise a presumption, or justify a prescription of any perpetual right to such attachment or extension.
2A:14-32. Disabilities affecting right to enforce right or title to real estate
2A:14-32. Disabilities affecting right to enforce right or title to real estate
If any person having a right or title to real estate shall, at the time such right or title first accrued or descended, be either not of sound mind or under the age of 21 years, or without the United States, he, and his heirs, may, notwithstanding the fact that the periods of time mentioned in sections 2A:14-30 and 2A:14-31 of this title have expired, bring his or their action to enforce his or their right or title, if such action shall be commenced within 5 years after his disability is removed or he comes within the United States, but not thereafter.
If any person having a right or title to real estate shall, at the time such right or title first accrued or descended, be either not of sound mind or under the age of 21 years, or without the United States, he, and his heirs, may, notwithstanding the fact that the periods of time mentioned in sections 2A:14-30 and 2A:14-31 of this title have expired, bring his or their action to enforce his or their right or title, if such action shall be commenced within 5 years after his disability is removed or he comes within the United States, but not thereafter.
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