Wood v. Tomlin

W. A. Wood, as administrator of Elizabeth Martin, deceased, filed the bill in this 'cause to collect such balance as might be ascertained, upon an account, to be due on a certain promissory note executed by the defendant, Jno. L. H. Tomlin. Decree was rendered in favor of complainant for $1,033.16, and defendant appealed.

*515Complainant lias died pending the appeal, and motion is now made to revive the cause --in the name of his administrator. Defendant resists the motion, and assigns as reason for so doing that no revivor can he had except in the name of an administrator de bonis non.

Upon the…