Graham v. Blackburn

Hemphill, Cii. J.

The plaintiff in error suggests the resignation of the •defendant in error as tlie administrator, with tlie will annexed, of John Blackburn, deceased, and asks tlie court for a scire facias to his representativo, when known.

The defendant in error resists the application on the grounds that tlie suit was not brought or prosecuted by the plaintiff (who in this court is defendant) in his representative capacity, and that if it were so brought, yet he had resigned and was discharged before tlie suing out of the writ of error. In response the plaintiff is unable to state whether…