(Download) "Elizabeth Davis, Administratrix of John H. Davis v. Alexander Braden" by United States Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Elizabeth Davis, Administratrix of John H. Davis v. Alexander Braden
- Author : United States Supreme Court
- Release Date : January 01, 1836
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
This was an action of detinue, brought against the defendant for the wrongful detention of a slave. The defendant died previous to the term of the circuit court in the district of West Tennessee in September 1832. His death was suggested at that term, and a scire facias afterwards issued against Margaret Braden and Harvey Braden, his personal representatives, returnable at the September term 1834; at which term the parties appeared by their attorneys: and the plaintiff's attorney moved to revive the suit against the executors of Braden, which motion, on argument, was overruled by the court, and the suit abated; and at a subsequent day in the same term the plaintiff's attorney moved the court to rescind the order refusing the motion to revive the suit; and upon this motion the judges were opposed in opinion whether the action could be revived against the personal representatives of the defendant; and the case comes here on a certificate of a division of opinion. This question cannot, we think, be brought up on a certificate of division of opinion in the circuit court: there was not, in strictness, any cause in court. This suit had abated by the death of the defendant; and the motion to revive it against his personal representatives had been denied, and the motion on which the division of opinion arose was to rescind that rule. This motion, however, being made at the same term in which the motion to revive had been overruled, this objection may not be conclusive: but the insurmountable objection is, that the granting or refusing this motion was a matter resting in the discretion of the court, and did not present a point that can be certified under the act of congress.