M'Knight v. Craig's Administrator
Supreme Court of the United States
ERROR-to the circuit court for the district of Golumbia, sitting'at-Alexandria; in an action of debt upon a judgment and devastavit, brought By JVTKnight against Craig, as executor of Mitchell. , After an office judgment by default against Craig, . , J ° , . ,, ° i . and a ,writ or inquiry avyarded m November,. 1807, . at the rules, Craig died. At the July term, Í 808, his • death was suggested,and a scire jactas awarded against I. G. Ladd, his administrator.
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ERROR-to the circuit court for the district of Golumbia, sitting'at-Alexandria; in an action of debt upon a judgment and devastavit, brought By JVTKnight against Craig, as executor of Mitchell. , After an office judgment by default against Craig, . , J ° , . ,, ° i . and a ,writ or inquiry avyarded m November,. 1807, . at the rules, Craig died. At the July term, Í 808, his • death was suggested,and a scire jactas awarded against I. G. Ladd, his administrator. At the July term, 1809,. .(being the fpurth term after the office judgment,) Ladd appeared; by his. attpmeyj, and offered tp plead á…
1Opinion of the Court
Marshall, Ch. J.
delivered' the opinion, of. the spurt to the following effect.
The. act of assembly of Virginia, is copied almost literally from the.English statute of 8 and 9 W. III. c. 11. The case in 6 Mod. is a. decision expressly upon that statute, and is precisely in point, that the defendant upon the scire.facias can only plead what the intestate could have pleaded; and that it is not to be considered as a proceeding against the representative of die deceased, but a continuance of the original action.
The plea is such as could not have been pleaded in the original action, and is…
2Cited by1 opinion
- M'knight v. Craig's AdministratorSupreme Court of the United States · 1810