{
  "id": 8727952,
  "name": "Finn as Ad'm vs. Crabtree as Ad'm",
  "name_abbreviation": "Finn v. Crabtree",
  "decision_date": "1852-01",
  "docket_number": "",
  "first_page": "597",
  "last_page": "598",
  "citations": [
    {
      "type": "official",
      "cite": "12 Ark. 597"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "5 Ark. 197",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        8726817
      ],
      "opinion_index": -1,
      "case_paths": [
        "/ark/5/0197-01"
      ]
    },
    {
      "cite": "4 Ark. 527",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        8729147
      ],
      "opinion_index": -1,
      "case_paths": [
        "/ark/4/0527-01"
      ]
    }
  ],
  "analysis": {
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  "last_updated": "2023-07-14T17:49:49.158040+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Finn as Ad\u2019m vs. Crabtree as Ad\u2019m."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Scott\ndelivered the opinion of the Court.\nThis record presents no ground upon which the question discussed as to the necessity of an affidavit can be raised. And the second objection is not well taken, because the party had a right to a separate revival against the representative of the deceased \u2014 the death having severed the defendants.\nThe remaining objection, however, is fatal to the judgment of revivor, as we have repeatedly held \u2014 the two remaining pleas being undisposed of.\nLet the judgment be reversed and the cause be remanded.",
        "type": "majority",
        "author": "Mr. Justice Scott"
      }
    ],
    "attorneys": [
      "S. H. Hempstead, for the appellant,"
    ],
    "corrections": "",
    "head_matter": "Finn as Ad\u2019m vs. Crabtree as Ad\u2019m.\nUpon the death of one of several defendants m a judgment, the plaintiff has aright to a separate revival against the representative of the deceased.\nIt is error to render judgment against a defendant without disposing of all his pleas.\nAppeal from Lafayette Circuit Court.\nThis was a scire facias against Richard H. Finn as administrator of George Dooley, deceased, to revive a judgment rendered in favor of William Crabtree as administrator, against the said George Dooley, in his lifetime, and others. No affidavit of the justice and non-payment of the judgment was filed by the plaintiff, nor any objection made in the Court below for the want of such affidavit.. The defendant appeared and filed three pleas : first, nul trel record; second, payment; third, limitation. The plaintiff demurred to the last plea; the Court sustained the demurrer, and, without disposing of the other pleas, rendered judgment of revivor. The defendant appealed.\nS. H. Hempstead, for the appellant,\nafter arguing that no writ of scire facias could legally issue upon the judgment rendered against the intestate, without the affidavit described by statute, {Ch. 4, Dig) cited the case of Greer v. State Bank, 5 Eng. 456, to the point that the writ of scire facias should issue against all the parties to the original judgment; and the cases of Hammond v'. Freeman, 4 Eng. 67. Slone v. Robinson, 4 Eng. 477. Hicks v. Vann, 4 Ark. 527. Reed v. State, 5 Ark. 197. Phillips v. Rear-don, 2 Eng. 257, to show that the Court erred in rendering judgment without disposing of the pleas of nul tiel record and payment."
  },
  "file_name": "0597-01",
  "first_page_order": 597,
  "last_page_order": 598
}