McDougald v. Edward
Supreme Court of Georgia
Scire facias, in Muscogee Superior Court. Decision by Judge WORRILL, June Term, 1854. This was a scire facias to make Ann E. McDougald, as adm’x of Daniel McDougald, a party to a cause pending at his death. The death of defendant, Daniel McDougald, was suggested of record, at July Term 1853, but no order for sci. fa. to issue. Counsel for Mrs. McDougald moved to quash the sci. fa. on this ground, and because they insisted the cause was discontinued and abated.
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Scire facias, in Muscogee Superior Court. Decision by Judge WORRILL, June Term, 1854. This was a scire facias to make Ann E. McDougald, as adm’x of Daniel McDougald, a party to a cause pending at his death. The death of defendant, Daniel McDougald, was suggested of record, at July Term 1853, but no order for sci. fa. to issue. Counsel for Mrs. McDougald moved to quash the sci. fa. on this ground, and because they insisted the cause was discontinued and abated. The Court refused the motion, and this is the error assigned.
1Opinion of the Court
By the) Court.
Starnes, J.
delivering the opinion.
[1.] Eor the plaintiff in error, it is argued, that every scire*186facias issued for the purpose of making parties, should be founded upon an intelligible record. That accordingly, when the defendant in this case died, an order by the Court, directing scire facias to issue, should have been, placed upon the minutes; or if not, a suggestion and order should have been made in writing, before the Clerk, and filed among the proceedings in the cause. That without such order, the record lacks symmetry, and is unintelligible.
We agree with the Counsel for…
2Cited by2 opinions
- Southern Ry. Co. v. SmithCourt of Appeals for the Fifth Circuit · 1898
- Stiles v. ElliottSupreme Court of Georgia · 1881