¶1 The object of a scire facias, whit'!) the act ‘ . ... . ©f Assembly directs to be issued m cases like the present, is to enable the executor or administrator to she.w cause why he should not be made a party, and no peremptory order is made, that he shall be made a party, until an opportunity . is afforded, to shew cause, upon the return of the scirejaci-(is. The order made in this case was irregular and improper ; the rule must therefore be discharged.
5 N.C. 44
Mallison v. Howard.
Supreme Court of North Carolina
Decided June 5, 1805
Supreme Court of North Carolina · decided 1805-06-05
from Newbern. The Heath o.f defendant being suggested, an order wa£ made « that Sally Howard, administratrix of George Howard deceased, be made defendant in this case, unless cause . shewn to the contrary at next term.” A copy of this order having been served on Sally Howard, she appeared and shewed eause, to wit, that the said order was irregular raid not conformable to the provisions of the statute in such ca-made and provided; that the representatives of the de-lend ant…
Decided 1805-06-05