Malone v. Hundley

Appellee brought suit in 1866 against Thomas B. Collier, appellant’s intestate, upon a complaint for money due by account; for money lent; for money due upon an account stated between plaintiff and defendant; for goods, wares, and merchandise, sold by plaintiff to defendant; and for money paid by plaintiff at defendant’s request.

At the Spring term, 1870, of the court, the death of Collier was suggested, and an order made that the administrator of ¿is estate be made defendant by scire facias; which writ was issued, and was served on the administrator June 18, 1870.

The cause came to trial on…