Stuart v. Davidson

delivered the opinion of the Court. '

After this writ of error had been taken and the cause brought up into this Court, one of the defendants in error departed this life. On suggestion of his death in the Supreme Court, scire facias issued and was served upon his personal representatives, calling upon them to appear and hear judgment; and the question was made whether'or not the cause stood for ai’gument at the present term.

The Court is of opinion that the cause now stands for hearing on the issue made. Sellon’s Practice, 406, 407; 2 Saunders, 101.

The cause progressed, and it appeared from the…