Page:Federal Reporter, 1st Series, Volume 4.djvu/784

 770 rEDEBAri bbpobteb. The demurrer fOr these reasons is suatained. If the coun- eel for plaintiff thinks that in the view of the court he can make a case, he may amend. Bbown, Adm'r, etc., v. Chbsapbakb & Ohio Canal Co. (Oireuit Oowt, D. Moa-yland. October 8, 1880.)' L SciBB Facias— JuDGMEMT — RsoiTAii. — A writ of idre fadas, in recit- ing a judgment on a prior scirefaciaa, need not recite the amount for which such judgment was obtained. 2. 8ame— Same — Same. — Such recital is in no respect uncertain, informai, or insufflcient, when the writ recites the judgment on the prior scire faeias, as it would be set out in full and formai record of that judg- ment. 3. Bamb— Admikisteator — Maktland. — A writ of scire faeias issued by order of an administrator upon the death of a plaintiiï will not be questioned under the practice of the state of Maryland, although such administrator has been properly made a party to the cause, and could have at once issued execution on the judgment. Demurrer to Scire Faeias and Motion to Quash. Brown e Brune, for plaintiff. Attorney General Gannn, for defendant. Bond and Moreis, JJ. A judgment was recovered in this court by Charles Macalester against the Chesapeake & Ohio Canal Company, at the November term, 1854, for $5,471.37, and $33.60 oosts. A scire faeias was issued on that judgment, and on April 4, 1867, judgment of fiat was awarded. On April 1, 1879, Arthur George Brown filed a suggestion of the death of the plaintiff, Macalester, and alleged that he had been duly appointed his administrator d. h. n. c. t. a., and the court thereupon ordered that he be admitted as party plaintiff, and have leave to proceed in the case. On that same day, April 1, 1879, by order of said Brown, a writ of scire faeias was issued. The defendant waa Bummoned, has appeared by counsel, and has demurred to the writ of scire faeias, and has also moved to quash.