Cox's Adm'r v. Whitfield

Whitfield recovered a judgment against Cox, in the Circuit Court of Limestone county, for the sum of Ewo thousand dollars, in an action for crim. con. with the plain*739tiff’s wife. After the rendition of the judgment,. Cox sued out a writ of error to this court, and departed this life before errors were assigned. The question is now made, whether in such ease the writ of error may be revived and prosecuted in the name of the administrator of Cox. It is conceded, that, at the common law, a writ of error abated where the plaintiff died before errors assigned, and that our statute only allows the…