Samuel Nelson, McClane v. Boon — Opinion of the Court
“ If the court should refuse, then it would become necessary to issue it in the name of these representatives, in the usual way, serving on them the citation to appear at the next term.The case of Kellogg et al. v. Forsyth, [1] is an authority for issuing the writ in the name of the widow and heirs, and, also, for the appearance of these parties on the citation, and make objections to these proceedings if they see fit. ”
