Uhl v. Warner Robins Home Builders Corp.

Candler, Justice.

An equitable suit was brought by. Frank S. Uhl against Thomas H. Walker and several others. The petition prayed for a money judgment against the defendants and for other relief. After the filing of such suit and on April 30, 1953, Walker died testate and the First *166National'Bank of Macon qualified as executor of his will on'June 1, 1953. Pursuant to Code § 3-402, the plaintiff sued out a scire facias for the purpose "of making the executor of Walker’s estate a party defendant to the cause. The executor responded to the writ of scire facias and objected to being made a party,…