Stephens v. Bradley

The Chief-Justice delivered the opinion of the court:

An action of trespass vi ei armis was commenced .by defendant in error against plaintiff in error, Thomas Osteen and D. N. Cox, in the Circuit Court of Taylor county. Os-teen died during the pendency of the suit. The original record contained a judgment against Stephens, and was silent as to Cox. At the last term of this court, on application of counsel for defendant in error, a writ of certiorari was issued to the Clerk of the Circuit Court for said county, commanding him to send up a complete transcript of the record, and the case was…