Chester &c. R. R. v. Marshall
Supreme Court of South Carolina
Before Wallace, J., Lancaster, February, 1893. This was a proceeding by the Chester and Cheraw Bailroad Company against James T. Marshall, as executor of John W. Marshall, deceased, to revive a judgment obtained by the railroad' company against thesaid John W. Marshall in his lifetime.
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice McGowaN.
It seems that the plaintiff company, on or about September 29, 1879, entered a judgment for $200 and costs against one John W. Marshall, who was then living; but he departed this life April 16,1887, leaving in full force a will, of which James T. Marshall qualified as executor; and afterwards, on December 10, 1891, the plaintiff company caused to be issued against James T. Marshall, as executor as aforesaid, a summons to show cause, if any he could, why the said “judgment should not be revived and renewed against him as the executor…
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