In re Boudreau

QUA, Justice. The writ in this action, dated August 20, 1935, names as the defendant Albert Mann of Newton in this Commonwealth. The plaintiff is described as of Philadelphia, Pennsylvania. The declaration is for alienating the affections of the plaintiffs wife and debauching her. On January, 5, 1937, the plaintiff suggested that the defendant had died on or about December 25, 1935, and moved for notice to the present defendants as his executors to defend the action. On February 6, 1937, the executors, appearing specially, filed a paper entitled Plea in Abatement and another paper entitled Motion to Dismiss. These papers are identical in wording, except for the titles, and except that the former prays that the writ and action abate, while the latter prays that the action be dismissed. Both papers recite the death of the original defendant and the appointment of the executors, and allege that this action is one which does not survive. No other facts are state. On February 17, 1937, the plaintiff filed a motion to amend his declaration by adding averments that the alleged wrongs were committed, and the cause of action arose, in Pennsylvania while he lived and maintained his matrimonial domicil there. On January 10, 1938, the Judge entered orders allowing the Plea in Abatement and the Motion to Dismiss and denying the plaintiffs motion to amend. The plaintiff appealed from all three orders. We have stated the material substance of the entire record now before us.