{
  "id": 11275230,
  "name": "Mallison vs. Howard",
  "name_abbreviation": "Mallison v. Howard",
  "decision_date": "1805-06",
  "docket_number": "",
  "first_page": "44",
  "last_page": "45",
  "citations": [
    {
      "type": "nominative",
      "cite": "1 Mur. 44"
    },
    {
      "type": "official",
      "cite": "5 N.C. 44"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 133,
    "char_count": 1477,
    "ocr_confidence": 0.313,
    "sha256": "434cd2ccad131bd16ea614a96a5f4c66d7a5e26c8cf89013eb600fa321b16b25",
    "simhash": "1:85a7fe4756a8aff3",
    "word_count": 258
  },
  "last_updated": "2023-07-14T16:43:58.494236+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Mallison vs. Howard"
    ],
    "opinions": [
      {
        "text": "By the Court.\nThe object of a scire facias, whit'!) the act \u2018 . ... . \u00a9f 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.",
        "type": "majority",
        "author": "By the Court."
      }
    ],
    "attorneys": [],
    "corrections": "",
    "head_matter": "Mallison vs. Howard\nfrom Newbern.\nsuggestion Of a defen-\u00abtent*\u00bbdeath ovigh\u00edt\u00ed! lie m!^ebyPaar\" Sare *vi-orde\u2019r 'uniess he ing served adm,r he appeared & shewed for cause, that whereupon the rule for mnkm<?mm discharged.3\nThe Heath o.f defendant being suggested, an order wa\u00a3 made \u00ab that Sally Howard, administratrix of George Howard deceased, be made defendant in this case, unless cause . shewn to the contrary at next term.\u201d A copy of this order having been served on Sally Howard, she appeared and shewed eause, to wit, that the said order was irregular raid not conformable to the provisions of the statute in such ca-made and provided; that the representatives of the de-lend ant ffieorge Howard must be made a party by a facias, and therefore she prayed to be dismissed. Whereupon it was submitted to this court, \u201c whether the mode adopted was regular and proper ?\u201d \u2014 If the court should be of opinion that the mode was irregular and improper, the rule be discharged; otherwise, to be made absolute."
  },
  "file_name": "0044-01",
  "first_page_order": 40,
  "last_page_order": 41
}