Woods v. Howell
Supreme Court of Georgia
Scire facias, in Lumpkin Superior Court. Tried before Judge Irwin, October Term, 1854. An action of trover for negroes had been brought by Andrew Howell against William Woods, who died pending suit. Elizabeth Woods took out letters of administration on his estate ; -and about fifteen months after the grant of the letters, the plaintiff sued out scire facias to make her a party to the suit.
Read the full summary
Scire facias, in Lumpkin Superior Court. Tried before Judge Irwin, October Term, 1854. An action of trover for negroes had been brought by Andrew Howell against William Woods, who died pending suit. Elizabeth Woods took out letters of administration on his estate ; -and about fifteen months after the grant of the letters, the plaintiff sued out scire facias to make her a party to the suit. The administratrix objected to being made a party, on two grounds— 1st. That the action abated by the death of William Woods. 2d. That scire facias to make the said Elizabeth a party, could not issue after…
1Opinion of the Court
By the Court.
Starnes, J.
delivering the opinion,
[1.] It was undoubtedly the rule at Common Law, that where the action “ was founded upon any malfeasance or rnisr feasance, was a tort, or arose ex delicto”; such, for example, as trespass for taking goods, trover, false imprisonment, assault and battery, slander, &c. the maxim, actio personalis moritur cum persona applied. The Statute 4 Edw. III. ch. 7, so far modified this rule, as to permit executors, &c. to “ have an action for trespass done to their testators, as of the goods and chattels of the said testators carried away in their life.”…
2Cited by6 opinions
- Borchert v. BorchertWisconsin Supreme Court · 1907
- Citizens & Southern National Bank v. HendricksSupreme Court of Georgia · 1933
- Dowlin v. BoydCourt of Appeals of Texas · 1926
- Hefner v. Fulton Bag & Cotton MillsCourt of Appeals of Georgia · 1929
- Spence v. CarterCourt of Appeals of Georgia · 1924
1 more not listed; retrieve them via the Exa API.