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6 Va. 300

Braxton v. Andrews

Court of Appeals of Virginia

Decided May 15, 1799

Court of Appeals of Virginia · decided 1799-05-15

<p>If the appellant dies, and no person will administer on his estate, so that the Court orders the Serjeant to take possession of it, no scire facias to revive the appeal, lies against the Serjeant.</p>

Decided 1799-05-15

¶1[Wednesday, May 15th, 1799.]

¶2Braxton appealed from the Court of Chancery, to this Court; and then died. As no person would take administration on his estate, it was committed by the Hustings Court, to the Serjeant of the city, agreeable to the act of Assembly. Rev. Cod. 176, § 61.

¶3A scire facias was moved for against the Serjeant, to revive the appeal.

¶4The Court thought it was a case not provided for, by the act of Assembly. And nothing was taken by the motion. *

¶5N. B. The cause lay over for several terms; and, at length, was finally abated.

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