Whitbie v. . Frazier

The Court took time to consider, in order, as they said, that this cause might be specially made up for the further consideration of the judges, should the objection appear upon further reflection to be of weight enough to raise a serious doubt; and after some days consideration they gave their opinion. It is not necessary to make up the special case; this action was formerly brought by the administrator of the husband, and determined by two judges to have been improperly brought for that very reason. One of the Court now present, on hearing this matter (276) first moved, was inclined to…