Braxton v. Andrews
From Wythepedia: The George Wythe Encyclopedia
File:CallsReports1854V2BraxtonvAndrews.pdf
Braxton v. Andrews, Call Vol. II 300 (1799),[1] discussed 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 appellate court but died before his hearing. Since no one took action on his estate, it was given to the City Sergeant. 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 sergeant to revive the appeal.
The Court's Decision
The Court of Appeals dismissed the case.
See also
References
- ↑ Daniel Call, Reports of Cases Argued and Adjudged in the Court of Appeals of Virginia, 3rd ed., ed. Lucian Minor (Richmond: A. Minor, 1854), 300.
