Searcy v. Stubbs
Supreme Court of Georgia
Debt, &c. in Talbot Superior Court. Decision by Judge Iverson. September Term, 1852. Scott Cray, as the receiver of the Ocmulgee Bank of the Stale of Georgia, brought an action of debt against Benjamin R. Searcy. Scott Cray died, and Thomas P. Stubbs was appointed receiver in his stead, by the Superior Court of Bibb County.
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Debt, &c. in Talbot Superior Court. Decision by Judge Iverson. September Term, 1852. Scott Cray, as the receiver of the Ocmulgee Bank of the Stale of Georgia, brought an action of debt against Benjamin R. Searcy. Scott Cray died, and Thomas P. Stubbs was appointed receiver in his stead, by the Superior Court of Bibb County. In answer to a sci.fa. to show cause why Stubbs should not be made a party, Searcy, by his counsel, contended : 1st. That the suit had abated, and the appointment of Stubbs was illegal. 2d. That the proper proceeding was by motion, and not by sci.fa. The Court overruled…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
*438There are two questions made upon the record. 1st. Did the suit abate upon the death of Scott Cray? 2dly. If it did not, was the appointment of Thomas P. Stubbs, in his stead, regular?
On both points, we are for affirming the judgment of the Circuit Court.
[1.] We should be inclined to hold, that under the Act of 1799, the action did not abate upon the death of Scott Cray, the plaintiff. He was but the nominal party. The usee wTas the Bank of Ocmulgee; the real plaintiff, the Justices of the Inferior Court of Baldwin County. A suit at the instance…
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