M'Combs v. Hall

Tennessee Supreme Court

M'Combs v. Hall

12 Tenn. 455

Tennessee Supreme Court·Decided March 15, 1833·Published

Opinion

Peck, J.

delivered the opinion of the court.

There is no averment in this scire facias, that Nash [456]*456failed to prosecute his bill of injunction with effect. From the terms of the bond as recited, it is on the breach of this condition that the liability of the executors can attach. The sci. fa. is therefore defective.

Thompson, for plaintiff in error. T- J. Lacy, for defendant in error.

Judgment reversed.

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Peck, J.

delivered the opinion of the court.

There is no averment in this scire facias, that Nash [456]*456failed to prosecute his bill of injunction with effect. From the terms of the bond as recited, it is on the breach of this condition that the liability of the executors can attach. The sci. fa. is therefore defective.

Thompson, for plaintiff in error. T- J. Lacy, for defendant in error.

Judgment reversed.

M'Combs v. Hall, 12 Tenn. 455 (Tenn. 1833).

Pincite

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