Faith v. Carpenter
Supreme Court of Georgia
Scire facias to make parties. In Whitfield Superior Court. Decided by Hon. Cicero D. MoCutohen, a Judge selected under the law. At May Term, 1861. William Faith brought an action on the case for slander, against Joshua Carpenter, and on the trial at common law, the plaintiff1 recovered a verdict for $350 00. From this verdict the defendant entered an appeal, and, pending the appeal, died.
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Scire facias to make parties. In Whitfield Superior Court. Decided by Hon. Cicero D. MoCutohen, a Judge selected under the law. At May Term, 1861. William Faith brought an action on the case for slander, against Joshua Carpenter, and on the trial at common law, the plaintiff1 recovered a verdict for $350 00. From this verdict the defendant entered an appeal, and, pending the appeal, died. Dr. J. N. Smith was duly qualified as executor of the defendant, and twelve months had elapsed since such qualification. A scire facias issued to make the executor a party defendant to the case. Under these…
1Opinion of the Court
By the Court —
Lyon, J., delivering the opinion.
This being a personal action, that died with the person, when a judgment was had at common law, from which an appeal was taken, under the statute for trial by special jury, and when the defendant died pending and before, trial on the appeal, the question made is, whether the common law judgment died with the action ? We hold tha!t it did. The appeal takes up the whole record, and anything and everything that carries the case out of Court, pending the appeal, disposes of all its incidents, and the rights acquired by the' ac- • tion. “ The appeal…
2Cases cited1 opinion
- Snelling v. ParkerSupreme Court of Georgia · 1850
3Cited by3 opinions
- Fowden v. Pacific Coast Steamship Co.California Supreme Court · 1906
- Davis v. Atlanta Gas Light Co.Court of Appeals of Georgia · 1950
- Citizens & Southern National Bank v. HendricksSupreme Court of Georgia · 1933