Petts v. Ison
Supreme Court of Georgia
Scire facias, in Pike Superior Court. Heard and decided by Judge Stark, February Term, 1852. The plaintiff in error instituted an action of trespass, against John Ison, the defendant’s testator, returnable to the June Term, 1848, of Pike Inferior Court. The alleged cause of action was the injury done to the wagon of plaintiffs, by the defendant, in cutting all the spokes out of one of the wheels of said wagon.
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Scire facias, in Pike Superior Court. Heard and decided by Judge Stark, February Term, 1852. The plaintiff in error instituted an action of trespass, against John Ison, the defendant’s testator, returnable to the June Term, 1848, of Pike Inferior Court. The alleged cause of action was the injury done to the wagon of plaintiffs, by the defendant, in cutting all the spokes out of one of the wheels of said wagon. At the December Term of said Court, the Jury found a verdict in favor of the plaintiffs, for ‡ 150. The defendant appealed; pending which, he died. At the February Term, 1850, of Pike…
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion.
[1.] The only question made by the record, for our judgment in this cáse is, whether the cause of action survived against the executrix of the testator, or whether it abated by his death. The plaintiffs, in the Court below, brought an action of trespass against John Ison, the testator, and while the action was pending, on the appeal, the defendant died. The declaration alleges, that the defendant, with force and arms, assaulted the plaintiffs’ wagon-driver, stopped their team with great force and violence, and with axes, sticks, &c. knocked, hewed…
2Cases cited1 opinion
- Cravath v. PlymptonMassachusetts Supreme Judicial Court · 1816
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