Maxwell v. Lea

James Smith was one of the defendants below in the case of Burwell Budgett and others against Seth Lea, in which the opinion of the court has just been given. Maxwell, the administrator of Smith, brings the cause here by writ of error, and seeks a reversal upon the ground that before the death of Smith the cause had been discontinued as to him; and, therefore, that the subsequent proceedings against him as administrator, by scire facias, and the final judgment on the. verdict of the jury, are all erroneous. The facts on which this question is raised are these: The summons issued against Smith…