Stone v. Ringer
Tennessee Supreme Court
MOTION TO SET ASIDE REVIVOR AND REMAND CAUSE. The plaintiff below having obtained an order to revive the cause in the name of the widow of the plaintiff below, to whom the County Court had set apart the judgment, subject to liens for fees, and to certain orders of the husband in his lifetime, for amounts to be paid out of the same; the defendant’s counsel moved to set aside the order, on the ground that the widow had no right to revive in her own name, and cited the Code…
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MOTION TO SET ASIDE REVIVOR AND REMAND CAUSE. The plaintiff below having obtained an order to revive the cause in the name of the widow of the plaintiff below, to whom the County Court had set apart the judgment, subject to liens for fees, and to certain orders of the husband in his lifetime, for amounts to be paid out of the same; the defendant’s counsel moved to set aside the order, on the ground that the widow had no right to revive in her own name, and cited the Code 2849, 2854, 2859, 2285, 2286. They also moved to dismiss the appeal and remand the cause, because the appeal was taken…
1Opinion of the CourtTubNey, J.
An execution issued after the death of a party is valid, and a sale under it good when the execution is tested as of a term before the death of the party. The proceeding is regarded as against an individual in life, the execution that issued after the death bearing teste of a time when the party lived.
*267By parity we bold that from a judgment rendered in tbe lifetime of a plaintiff, and in bis favor, tbe defendant may appeal at tbe term of tbe rendition, tbongb after tbe death of tbe plaintiff, tbe appeal and bond therefor having relation to tbe date of tbe judgment, and becoming a part of tbe…
2Cited by1 opinion
- Jackson v. HodgesCourt of Appeals of Tennessee · 1875