Baker, Fry & Co. v. Ingersoll
Supreme Court of Alabama
Appeal from tbe Circuit Court of Rfessell. Tried before tbe Hon. Nat. Cook, Ik this' case, Allen Matthews, suing for the use of Baker, Fry & Co,, recovered a judgment against Stephen M, In-gersoll, iii the circuit court of Russell, ■■on the 14th October, 1839. Executions were issued on this judgment op. the 29th November, 1839, and on the 15th January, 1841; and on the 2títh Februaíy, 1857, a scire faeias '•to revive it was sued out in the name of said Matthews.
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Appeal from tbe Circuit Court of Rfessell. Tried before tbe Hon. Nat. Cook, Ik this' case, Allen Matthews, suing for the use of Baker, Fry & Co,, recovered a judgment against Stephen M, In-gersoll, iii the circuit court of Russell, ■■on the 14th October, 1839. Executions were issued on this judgment op. the 29th November, 1839, and on the 15th January, 1841; and on the 2títh Februaíy, 1857, a scire faeias '•to revive it was sued out in the name of said Matthews. By consent of parties, -the scire faeias was allowed to stand in lieu of a declaration. The -defendant pleaded, .among other'things,…
1Opinion of the CourtR. W. Walker, J.
The scire facias, following in tbis respect the original judgment, was sued out in the name of AllemMattbews, for the use of Baker; Fry & Co. Matthews, the nominal plaintiff, died after the rendition of the original judgment, and .before,the issuance of the scire facias; and the question now presented is, whether this fact is a bar to, the proceeding, or whether, pm the suggestion of the death of the nominal' plaintiff, the scire facias could proceed in the name of the beneficiaries.
The Code.provides, that, “ when suit is brought for the use of another, the death of the nominal plaintiff does…
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