Bushrod Washington

“ It is objected by the counsel for the defendant in error, that the defendants in the Court below could not sue out and prosecute a writ of error, because they failed to appear and plead to the suit in that Court. ”

“ If it should be said that the appearance of the plaintiffs in error in the Circuit Court, by an attorney of that Court, cured the error committed in reviving the suit against them, the answer is, that by the death of the ancestor, a new cause of action arose against the heirs, and the plea is not in the same condition as it was in the lifetime of the party.a The suit having once abated by the death of the defendant, it was out of Court, and a new summons and count against the heirs was necessary. ”