Brawner v. Sterdevant
Supreme Court of Georgia
Scire facias, to make parties. In Troup Superior Court, decided by Judge Hill, at May Term, 1850. The plaintiff commenced his action for the seduction of his daughter, an ordinary, -“per quod servitiam amisitf against one Winston Oliver. Pending the action, Oliver died, and the plaintiff sued out a scire facias against the defendant, as his executor, to show cause why he should not be made a party defendant to the suit.
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Scire facias, to make parties. In Troup Superior Court, decided by Judge Hill, at May Term, 1850. The plaintiff commenced his action for the seduction of his daughter, an ordinary, -“per quod servitiam amisitf against one Winston Oliver. Pending the action, Oliver died, and the plaintiff sued out a scire facias against the defendant, as his executor, to show cause why he should not be made a party defendant to the suit. The executor showed for cause, that the action being in form, “ ex delicto,” abated on the death of the defendant. The Court below sustained the showing, and gave judgment of…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
This was an action by the father, for the seduction of his daughter. Pending the suit, the defendant died, and a scire facias was issued against his executor, to make him a party. The representative showed for cause, that it was a personal action for a tort, which abated on the death of the party, and the Court sustained the objection, and this judgment is assigned for error.
[1.] We have struggled hard to maintain this proceeding, but find it impossible to do so. The old Common Law maxim of actio personalis, notwithstanding the modifications made…
2Cited by8 opinions
- King v. Southern Railway Co.Supreme Court of Georgia · 1906
- Davis v. Atlanta Gas Light Co.Court of Appeals of Georgia · 1950
- Citizens & Southern National Bank v. HendricksSupreme Court of Georgia · 1933
- Bragg v. Oxford Construction Co.Supreme Court of Georgia · 2009
- Hollett v. Wilmington Trust Co.Superior Court of Delaware · 1934
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