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McCoul v. Lekamp's Administrator, 15 U.S. 2 Wheat. 111 111 (1817)

McCoul v. Lekamp's Administrator

15 U.S. (2 Wheat.) 111


A.L. brought an action of assumpsit in the circuit court, and after issue joined, the plaintiff died and the suit was revived by scire facias in the name of his administratrix. While the suit was still depending, the administratrix intermarried with F.A., which marriage was pleaded puis darrein continuance. Held that the scire facias was thereupon abated, and a new scire facias might be issued to revive the original suit in the name of F.A. and wife as the personal representative of A.L. in order to enable her to prosecute the suit until a final judgment under the judiciary, act of 1789, ch. 20, sec. 31.

Where a witness, a clerk to the plaintiff, swore that the several articles of merchandise contained in the account annexed to his deposition were sold to the defendant by the plaintiff and were charged in the plaintiff's day book by the deponent and another person who is dead, and that the deponent delivered, and further swore that he had referred to the original entries in the day book, held that this was sufficient evidence to prove the sale and delivery of the goods.

Page 15 U. S. 112

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