Duvall v. Wright

Decided May 15, 1831

SciRE facias ; nul tiel record, and issue made up under the general authority given to the clerk by the attorneys of this Court, to make up their issues. W. Emack was surety for costs. suggested the death of Mr. Emack, and demanded new security for costs. The Court suggested, that perhaps Mr. Emaek’s administrator had assets. Mr. Redin said that the defendant was entitled to security not dependent upon assets.

Decided 1831-05-15

¶1But the Court

(Thruston, J., doubting,)

¶2refused now, at the trial court, when the cause is called for trial on the issue of nul tiel record, to permit the plea to be filed, unless the defendant will make oath of the fact that the plaintiff is not administrator, considering it only a temporary bar; and Cranch, C. J., doubting whether the plaintiff is bound to have his letters of administration in court at this term to give oyer so long after proferí, and when the only issue he came prepared to try, was nul tiel record.