Hanley v. Lemmon

Citations

• 28 Tex. 155

Syllabus

<p>When a defendant in a suit dies before verdict, a suggestion óf his death to the court, or a petition of the plaintiff representing that fact, is necessary to authorize the issuance of a scire facias to the legal representative of the deceased defendant. (Paschal’s Dig., Art. 7, Note 225.)</p> <p>If, without such suggestion or petition, a scire facias has issued for such representative, it is quashable on his motion.</p>