Shotwell v. Rowell
Supreme Court of Georgia
Motion, etc., from Baker county. Decided by Judge Allen, May Term, 1860. Jacob R. Shotwell brought suit against Rawrence G. Row-ell to recover the amount due on two promissory notes, to the May Term, 1857, of Baker Superior Court.
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Motion, etc., from Baker county. Decided by Judge Allen, May Term, 1860. Jacob R. Shotwell brought suit against Rawrence G. Row-ell to recover the amount due on two promissory notes, to the May Term, 1857, of Baker Superior Court. The death of the defendant having been suggested at. the next term, the plaintiff then proceeded to sue out scire facias against, and had the same served on George W. Lawrence, as executor de son tort, requiring him to show cause at the following Term why he should not be made a party defendant as such executor de son tort. At the succeeding Term, no cause being…
1Opinion of the Court
By the Court.
Lumpkin, J.,
delivering the opinion.
This suit was originally brought against Lawrence C. Rowell, the maker of the note upon which the action is founded. He dying, a scire facias was issued and served upon George W. Rowell as executor de son tort, calling upon him to show cause why he should not be made a party defendant. Upon the return of the scire facias, and George W. Rowell showing no cause to the contrary, he was, by the judgment of the Court, “ made and constituted party defendant as the executor generally of the last will and testament of Lawrence G. Rowell, deceased.” And…
2Cited by2 opinions
- Allen v. HurstSupreme Court of Georgia · 1904
- Penick Supply Co. v. AndersonCourt of Appeals of Georgia · 1919