3 Va. 217
Decided November 16, 1808
Supreme Court of Virginia · decided 1808-11-16
The appeal in this case had abated at the March term last, by the death of the appellant, and now Hening moved for a scire facias to revive it in the name of his executor. He cited the case of Gibbs v. Perkin-son,(a) as in point. Hay, on the other side, opposed the motion ; on the ground that, if the appeal might be revived after a term had intervened, there would be no limitation.
Decided 1808-11-16
¶1were of opinion, that, in consideration of the short interval between the March and April terms, the motion might be granted ; but were not disposed to extend the indulgence any further.
¶2was opposed to the motion.
¶3This scire facias to revive the appeal was awarded.