(DOWNLOAD) "Mccoul v. Lekamp's Administratrix" by United States Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Mccoul v. Lekamp's Administratrix
- Author : United States Supreme Court
- Release Date : January 01, 1817
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Albert Lekamp brought this suit in the circuit court, for the district of Virginia, for the recovery of money claimed to be due to him from Neil McCoul, the defendant below. After issue joined the plaintiff died, and the suit was revived in the name of his administratrix. While the suit was still depending, the administratrix intermarried with Frederick L. E. Amelung, which marriage was pleaded puis darrein continuance. The scire facias was thereupon abated and a new scire facias issued to revive the original action in the names of Amelung and wife, as the personal representatives of Albert Lekamp. At a subsequent term the cause was tried on the original issue, and a verdict found for the plaintiff, on which the defendant prayed that the judgment might be arrested for the following reasons: 'Because he saith, that after the plea pleaded the original plaintiff, Albert Lekamp, departed this life, and Sophia Lekamp, his administratrix, sued forth a scire facias to revive the suit on the 4th of July, 1811; that while the suit stood revived in her name as administratrix, the said Sophia Lekamp intermarried with Frederick L. E. Amelung, and on the 4th of December, 1812, this defendant having pleaded the intermarriage aforesaid, it was ordered that the scire facias be abated, whereupon the said Frederick L. E. Amelung and Sophia, his wite, as administratrix aforesaid, sued out a new scire facias to revive the suit, and there being no new plea pleaded or any consent that the cause should be revived in any other manner than the law would direct, the jury was empanneled, and a verdict found as aforesaid; and the said defendant saith, that the act of Congress, in that case made and provided, doth not warrant the revival of the suit in the name of the said Amelung and wife, under the circumstances aforesaid.' These errors were overruled, and a judgment rendered conforming to the verdict of the jury.