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1 Va. 138

Keel v. Herbert's Executors

Court of Appeals of Virginia

Decided October 15, 1792

Court of Appeals of Virginia · decided 1792-10-15

<p>Death of Defendant after Supersedeas — Scire Facias.— Tf after a supersedeas obtained the defendant fn error die, a scire facias must be awarded against his executors, or administrators, and not a new writ of supersedeas, because the latter could not he considered as a continuing- process, and consequently, the executor could not sue upon the su-persedeas bond first given.</p>

Decided 1792-10-15

¶1A supersedeas in this cause, was obtained against Herbert, who afterwards, and before service of the writ, died. This court, on motion, awarded a new super-sedeas against the executors, which was executed, but afterwards quashed it, and awarded a sci. fa. to hear errors against the executors ; being of opinion, that the second supersedeas, could not be considered as a continuing process, but a new one, and therefore, that the executor could not sue upon the bond first given for ^prosecuting the supersedeas. _

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