Watkins v. Cleveland National Bank

Nicholson, C. J.,

delivered the'opinion of the court.

On the 5th of December, 1874, Watkins appealed from a judgment rendered against him, in the circuit court of Hamilton county, and gave E. D. Hamilton as surety on his recognizance or appeal bond. Before the judgment was affirmed in this court at its present term, E. D. Hamilton died, and his widow, Mary H. Hamilton, qualified as administratrix. Upon the affirmance of the judgment here scire facias was ordered'to issue to Mary H. Hamilton, to show cause why the suit should not be revived against her *440as such administratrix. She appears and…