Primm v. Schlingmann

'DAUES, J.

This is an action for damages for assault and battery. Plaintiff instituted the suit in the circuit court of the city of St. Louis on October 25, 1919, against Henry ScMingmann, now deceased. Summons was duly issued, returnable to the December Term, 1919, and on December 3, 1919, the defendant filed his answer. Later the death of defendant. Henry Schlingmann was suggested, and on February 6, 1920, a writ of scire facias was issued returnable to the April Term, 1920, against Elizabeth ScMingmann, executrix of the estate of said Henry ScMingmann, deceased, to show cause why the cause…