New Orleans, Jackson, & Great Northern Railroad v. Rollins
Mississippi Supreme Court
Error to the Circuit Court of Pike county. Hon. John E. McNair, judge. At the March term, 1858, a judgment was recovered in the court below, by Zachariah Rollins, against the plaintiff in error, for $1000 and costs.
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Error to the Circuit Court of Pike county. Hon. John E. McNair, judge. At the March term, 1858, a judgment was recovered in the court below, by Zachariah Rollins, against the plaintiff in error, for $1000 and costs. In July, 1858, the plaintiffs in error (defendants below) filed their petition before the clerk, asking for a writ of error to revise the same, stating that since the rendition of the judgment, that Zachariah Rollins had died, and that Thomas Rollins had been appointed administrator of his estate. A writ of error in the usual form was issued as prayed for, and a summons or…
1Opinion of the CourtHarris, J.
This cause is submitted to us, on a motion to dismiss, on the ground that the plaintiff below died after judgment, and the present defendant in error was appointed administrator before the writ of error was sued out; and that no writ of error will lie against the defendant in error (the administrator of the plaintiff below), until after revivor.
As a general rule, no execution can ever issue in favor of, or against, a person who is not a party to the original judgment, or made so by some proceeding subsequent thereto. Bacon Abr. C. 4; 2 Tuck. Com. 340. Nor can one be made a party plaintiff by…
2Cases cited3 opinions
- Green v. WatkinsSupreme Court of the United States · 1821
- Grout v. ChamberlinMassachusetts Supreme Judicial Court · 1808
- Day v. SharpSupreme Court of Pennsylvania · 1839
3Cited by2 opinions
- Ritchey v. SeeleyNebraska Supreme Court · 1905
- Langston v. AbneyMississippi Supreme Court · 1870