Claiborne County MsArchives Court.....Holt, John June 1818
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Deb Haines ddhaines@gmail.com December 7, 2005, 5:21 pm

Source: Reports Of Cases Adjudged In The Supreme Court Of Mississippi, June Term, 1818
Written: June 1818

JOSEPH HOLT, for the use of John Norton, vs. PARMENAS BRISCOE.

QUESTION FROM CLAIBORNE COUNTY.

The death of the person for whose use the suit is brought does not abate the 
suit.

This was an action of covenant, brought in the Superior Court of Claiborne 
county, in the name of Joseph Holt, for the use of John Norton, against 
Parmenas Briscoe. At the September term, 1815, the death of Norton, for whose 
use the suit was brought, was suggested by defendant’s counsel, and security 
for costs required. The plaintiff’s attorney gave security for costs, and at 
his instance, the court ordered the cause to be carried on for the use and 
benefit of John W. Hamilton. At the March term 1817, it was urged by the 
defendant’s counsel, that the suit was abated by the death of Norton; and the 
question, "whether this suit does abate thereby," was referred to the supreme 
court for their decision. Turner for plaintiff- Clarke for defendant.

Curia—The death of Norton does not abate the suit.


Source: Reports of Cases Adjudged in the Supreme Court of Mississippi, June 
Term, 1818, By R. J. Walker, Reporter of the State. Natchez: Printed at the 
Courier and Journal Office, 1834; pages 18-19.

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