Tarleton v. Cox

Citations

• 45 Miss. 430

Syllabus

<p>High court oí errors and appeals—judgment without notice void. — A judgment of the high court of errors and appeals, whereby a cause brought by a writ of error from the circuit court was docketed, revived in the name of the administrator of theplaintiff in error, who had died after the suing out of the writ of error, and dismissed for'want of prosecution, at the costs of plaintiff in error, upon the suggestion of the defendant in error, without the voluntary appearance of the administrator and making himself a party, and without sc-ire facias duly executed upon him to make-him a party, is void, and therefore not available for any purpose.</p>