Ferris' Administrator v. Hunt

Scott, Judge,

delivered the opinion of the court. ■

Thomas D. Yeats, administrator of Jabez Ferris, commenced suit in a justice’s court against James Hunt, where there was a judgment for the defendant. An appeal was taken to the Circuit Court. While this appeal was pending, Yeats died, and on motion, Levi Ashley was substituted as the plaintiff in the stead of Yeats, whose death was suggested. This was done without notice or consent, or the voluntary appearance of the adverse party, or scire facias.

1. Although the present practice act prescribes that, in the event of the death of a party, the…