View source for Braxton v. Andrews

{{DISPLAYTITLE:''Braxton v. Andrews''}}
[[File:CallBraxtonvAndrews1854v2p356.jpg|link={{filepath:CallsReports1854V2BraxtonvAndrews.pdf}}|thumb|right|300px|First page of the opinion [[Media:CallsReports1854V2BraxtonvAndrews.pdf|''Braxton v. Andrews'']], in [https://wm.primo.exlibrisgroup.com/permalink/01COWM_INST/g9pr7p/alma991006014269703196 ''Report of Cases Argued and Adjudged in the Court of Appeals of Virginia''], by Daniel Call. 3rd ed. Richmond: A. Morris, 1854.]]
__NOTOC__
[[Media:CallsReports1854V2BraxtonvAndrews.pdf|''Braxton v. Andrews'']], 6 Va. 356, 2 Call 357 (1799),<ref>Daniel Call, ''[[Reports of Cases Argued and Adjudged in the Court of Appeals of Virginia]],'' 3rd ed., ed. Lucian Minor (Richmond: A. Minor, 1854), 2:357.</ref> was a short case discussing whether a ''scire facias'' writ could be ordered against a Sergeant for escheating (reclaiming as state property) an individual’s estate. 

==Background==
Braxton appealed from the Court of Chancery to the Court of Appeals, but died before his hearing. Since no one  administered Braxton's estate, it was escheated to the city. A ''scire facias'' writ (a judicial writ requiring a defendant to appear in court and prove why an existing judgment should not be executed against him or her) was moved against the City Sergeant to revive the appeal.

===The Court's Decision===
The Court of Appeals dismissed the case.

==See also==
*[[Wythe's Judicial Career]]

==References==
<references/>



[[Category: Cases]]
[[Category: Procedure]]