Mallison v. Howard.

Supreme Court of North Carolina

Mallison v. Howard.

5 N.C. 44

DecidedJune 5, 1805

StatusPublished

This text of 5 N.C. 44 (Mallison v. Howard.) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mallison v. Howard., 5 N.C. 44 (N.C. 1805).

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Opinion

By the Court.

The object of a scire facias, whit'!) the act ‘ . ... . ©f Assembly directs to be issued m cases like the present, is to enable the executor or administrator to she.w cause why he should not be made a party, and no peremptory order is made, that he shall be made a party, until an opportunity . is afforded, to shew cause, upon the return of the scirejaci-(is. The order made in this case was irregular and improper ; the rule must therefore be discharged.

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By the Court.

The object of a scire facias, whit'!) the act ‘ . ... . ©f Assembly directs to be issued m cases like the present, is to enable the executor or administrator to she.w cause why he should not be made a party, and no peremptory order is made, that he shall be made a party, until an opportunity . is afforded, to shew cause, upon the return of the scirejaci-(is. The order made in this case was irregular and improper ; the rule must therefore be discharged.

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Bluebook (online)

5 N.C. 44, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mallison-v-howard-nc-1805.