McKey v. Torry
Mississippi Supreme Court
IN error from the circuit court of Jefferson county; Plon. George Coalter, judge. The facts of the case are contained in the opinion of the court. Contended, that suit should have been revived by scire facias, and that the case was not regularly on the docket. In support of his positions he cited Hutch. Co. 841; Wash. 33; Bac. Abr. tit. Stat.; lb. tit.
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IN error from the circuit court of Jefferson county; Plon. George Coalter, judge. The facts of the case are contained in the opinion of the court. Contended, that suit should have been revived by scire facias, and that the case was not regularly on the docket. In support of his positions he cited Hutch. Co. 841; Wash. 33; Bac. Abr. tit. Stat.; lb. tit. Scire Facias; Tidd’s Pr. 1114; 2 Wheat. 115; 6 lb. 260; 7 lb. 530; 1 Ark. 167; 7 J. J. Marsh. 427; 6 B. Monroe, 619; 1 Hen. & Munf. 339; 1 Wash. 138-154; lb. 325; 1 Rolle’s Pr. 662. Contended, there was no error in the record.
1Opinion of the CourtJustice Fisher
This was a suit brought by William Lake, against the plaintiffs in error and others, to the November term, 1839, of the circuit court of Jefferson county.
The cause remaining in court undisposed of at the October term, 1848, of said court, the plaintiff’s death was then suggested. No other step appears to have been taken until the April term, 1851, when the defendant in error voluntarily appeared in court, and on his motion the suit was revived in his name, as administrator of Lake; and the cause continued to the' next term of the court, when the demurrer of the plaintiff to the defendant’s…
2Cited by2 opinions
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- Mitchell v. Film Transit Co.Mississippi Supreme Court · 1943