Bowen v. Bonner

Citations

• 45 Miss. 10

Syllabus

<p>1. Scire facias—how far a judgment of the high court can be attacked, UNDER A defense to A scire facias.— On a proceeding by scire facias, to revive a judgment of tbe high court of errors and appeals rendered against tbe parties defendant, in the original judgment in the court below, and the sureties on their writ of error bond, the want of any sufficient bond, in the proceedings, by which the case was originally brought to the high court of errors and appeals, is not a defense which the sureties on the bond can urge in answer to the soirefacias. It is a question of fact, pertaining to the high court, and cannot be attached in this manner.</p> <p>2. Same —a defense involved in the action before judgment, cannot be pleaded to the scire pacías.— In answer to scire facias to revive a judgment obtained by an executor, the defense, that part of the notes on which the judgment was recovered, were the individual property of the executor, is inadmissible.</p> <p>3. Executors and administrators — statutes construed — art. 119, p. 155, and art. 1‘.’1, p. fUS, Rev. Code, 1857. — Article 119, page 155, Revised Code, 1857, give-, the rig at of action to executors and administrators as such, oh contracts made by them, for the purpose of doing away with the common-law doctrine, that contracts, made by them after the testator’s death, created individual rights and liabilities; while article 121, page 158, was intended to get rid of the other common-law doctrine, that a judgment vested individual rights in executors and administrators.</p> <p>1. Supreme court —practice —calculation of excess.—Rule 25 of the revised rules of the supreme court of Mississippi requires a calculation, in writing and figures, with a certificate of a disinterested counselor, that it is correct, where the party relies on excess in damages or interest as calculated in the verdict.</p> <p>5. Administrator de bonis non — how made a party to the record. — Where the plaintiff, being an administrator, dies aft