Wing v. McCallum
Court of Appeals for the First Circuit
In Error to the District Court of the United States for the District of Massachusetts; James M. Morton, Judge. Action by Thomas E.,Wing against Alexander McCallum. Alexander McCallum died, and plaintiff secured a writ of scire facias, summoning George B. McCallum, as executor of deceased, to appear and to become a party. An order was entered, quashing the petition for thé writ and dismissing the action, and plaintiff brings error.
1Opinion of the Court
JOHNSON, Circuit Judge.
Alexander McCallum, the defendant in a suit at law pending in the district of Massachusetts, died on the 3d day of October, 1919, and his death was suggested on the record October 8, 1919. November 10, 1919, George B. McCallum was appointed. his executor, and his bond approved. The executor not having voluntarily appeared, the plaintiff in the suit on November 4, 1921, filed a motion that a writ of scire facias issue in accordance with the statutes of the United States.
[ 1 ] The statute governing the issue of the writ to bring in the representative of a deceased party…
2Cases cited12 opinions
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- Turner v. New YorkSupreme Court of the United States · 1897
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