Finn v. Crabtree

Decided January 15, 1852

Supreme Court of Arkansas · decided 1852-01-15

This was a scire facias against Richard H. Finn as administrator of George Dooley, deceased, to revive a judgment rendered in favor of William Crabtree as administrator, against the said George Dooley, in his lifetime, and others. No affidavit of the justice and non-payment of the judgment was filed by the plaintiff, nor any objection made in the Court below for the want of such affidavit..

Decided 1852-01-15

Mr. Justice Scott

¶1delivered the opinion of the Court.

¶2This record presents no ground upon which the question discussed as to the necessity of an affidavit can be raised. And the second objection is not well taken, because the party had a right to a separate revival against the representative of the deceased — the death having severed the defendants.

¶3The remaining objection, however, is fatal to the judgment of revivor, as we have repeatedly held — the two remaining pleas being undisposed of.

¶4Let the judgment be reversed and the cause be remanded.