Wilson’s Red Book, 70
Court of Common Pleas of Delaware, Sussex County.
April, 1795.
Defendant’s counsel (Hall and Wilson) moved to bring this cause on in order, but it appearing that plaintiff’s death was suggested and admitted at last term, the Court asked if there had been written notice served on the plaintiff’s executors. We answered there was no rule or practice here that required it, but said that plaintiff’s executor, misconstruing the Constitution, had issued scire facias against defendant to last term.
PER CURIAM.
The cause is not ready. There is no notice, for that scire facias
for that purpose is only error and continued the cause.