Mary Deneale, Executrix of George Deneale, and Others, Plaintiffs In Error v. John Archer and John Stump, Executors of John Stump, Deceased Defendants In Error

• Court: U.S. Supreme Court
• Citation: Mary Deneale, Executrix of George Deneale, and Others, Plaintiffs In Error v. John Archer and John Stump, Executors of John Stump, Deceased Defendants In Error, 33 U.S. 526, 8 Pet. 526, 8 L.Ed. 1032 (1834)
• Decision Date: 01 January 1834
• Parties: MARY DENEALE, EXECUTRIX OF GEORGE DENEALE, AND OTHERS, PLAINTIFFS IN ERROR v. JOHN ARCHER AND JOHN W. STUMP, EXECUTORS OF JOHN STUMP, DECEASED, DEFENDANTS IN ERROR

33 U.S. 526

8 Pet. 526

8 L.Ed. 1032

MARY DENEALE, EXECUTRIX OF GEORGE DENEALE, AND OTHERS, PLAINTIFFS IN ERROR v. JOHN ARCHER AND JOHN W. STUMP, EXECUTORS OF JOHN STUMP, DECEASED, DEFENDANTS IN ERROR.

January Term, 1834

IN error to the circuit court of the United States for the county of Alexandria, in the District of Columbia.

Upon the opening of the record in this case, it was found that the writ of error had been issued in the name of Mary Deneale, executrix of George Deneale, and others.

Mr Coxe, for the defendants, objected to the writ of error as informal. All the parties to the proceedings in the circuit court should be parties to the writ of error. Those who have not joined in it, are not before the court. The court cannot know who are the persons meant by 'others.'

Mr Lee, for the plaintiff in error, contended, that the record showed who were the parties to the case.

Mr Chief Justice MARSHALL delivered the opinion of the Court.

This was the case of a scire facias against devisees to revive a judgment. The scire facias is in its form without precedent, and a demurrer was filed to it. Process on the scire facias issued against four devisees, and service was made upon two only of them. An office judgment was then taken against all the devisees. The two of them on whom the process was served, afterwards appeared, and the office judgment was set aside as to them, and they then pleaded the statute of limitations. There was a demurrer to the replication and judgment against all the devisees.

The...