Executors of Henderson v. Alexander
Supreme Court of Georgia
Scire Facias to make parties after death of both plaintiff and defendant. Returned before Judge Warren, in Randolph Superior Court, and overruled October Term, 1847. For the facts of the case, see the opinion of the Supreme Court.
1Opinion of the Court
By the Court
Nisbet, J.
delivering the opinion.
The facts disclosed in the record of this cause are as follows. Majors Henderson sued the defendant, Moses Alexander, in an action of debt, upon a promissory note. Pending the action, the defendant filed a bill enjoining it. - This bill, after some years of litigation, was dismissed by the'complainant, and left the Common Law action to proceed. There was a confession of judgment for *82the plaintiff, and an appeal entered. In 1839, or 1840, the plaintiff died, and, at August Term, 1840, his death was suggested on the record of the Court below. On the…
2Cited by21 opinions
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- Huntsinger v. StateSupreme Court of Georgia · 1945
- Northern Trust Co. v. PalmerIllinois Supreme Court · 1898
- Hefner v. Fulton Bag & Cotton MillsCourt of Appeals of Georgia · 1929
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