Lewis v. Outlaw
Tennessee Supreme Court
In equity. Campbell, of counsel for the plaintiff moved that the cause should be opened for final hearing. objected, and observed, that it was not in a state for hearing on account of the death of one of the defendants, against whose representatives, it had not been properly revived.
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In equity. Campbell, of counsel for the plaintiff moved that the cause should be opened for final hearing. objected, and observed, that it was not in a state for hearing on account of the death of one of the defendants, against whose representatives, it had not been properly revived. Upon examination of the orders, taken in the cause, it appeared, that two publications had been made in the Knoxville Gazette, to revive the suit, as against the heirs, who were infants, but no person had been appointed their guardian until this day; when Col. Outlaw one of the defendants, applied and was…
1Per curiam
Overton, j. and Williams commissioner appointed agreeably to the constitution and laws, for the hearing of this cause.
Campbell. j.
Being one of the defendants, could not set—and White, j. having been of counsel.
The consideration of this question involves points of much consequence in the practice; it will therefore be necessary to take a view of the law of England, upon this subject, as particularly respects the practice in chancery—Agreeably to the practice in the courts of law in England, all suits abated by the death of either party; nor could they be revived by scire facias.
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2Cited by5 opinions
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