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Subpoena for a Witness.

State of Indiana, Jennings county, to wit.

The state of Indiana, to Lucius Baker, Sheriff' of Jennings county, GREETING:

You are hereby commanded, that you summon John True, to be and appear before our honorable probate court, to be holden in and for our said county, at Vernon, on the first Monday in September next, to give evidence

behalf of the defendant, in a certain cause now depending between John Roe, administrator of Richard Roe deceased, plaintiff, and David Flinn, defendant. And of this writ make due return.

Witngss John Stiles, clerk of our said court, at Vernon, in said county, the 20th day of August, A. D. 1832.

JOHN STILES, CI’k.

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Attachment for non-attendance.

State of Indiana, Jennings county, to wit.

The state of Indiana to Lucius Baker, sheriff of Jennings county, GREETING:

You are hereby commanded, that you attach the body of Robert Flinn, if he be found in your county, and him safely keep so that you have him before our honorable probate court, to be holden at Vernon, in and for our said county, on the first Monday in September next, to answer for a contempt in not appearing at our said court, to give evidence in a certain cause there depending, between John Roe, administrator of the estate of Richard Roe deceased, plaintiff, and David Flinn, defendant, agreeably to our writ of subpoena, served on him for that purpose. And have you then there this writ.

Witness John Stiles, clerk of our said court, and [SEAL.] the seal thereof hereunto affixed, at Vernon

in said county, the 20th day of August, A. D. 1832.

JOHN STILĒS, Cl’k.

Commission to take depositions.

State of Indiana, Harrison county, to wit:

The state of Indiana to Richard Fen and Peter Den

esquires, justices of the peace of Oldham county, in the state of Kentucky, GREETING.

Know ye, that we, trusting to your fidelity and provident circumspection, in diligently examining John Dill and William Frame, witnesses in a certain cause now depending in our honorable probate court in and for our said county of Harrison, wherein John Roe, administrator of the estate of Richard Roe deceased, is plaintiff, and David Flinn is defendant, do hereby authorize and empower you, at such times and places as you sball appoint for that purpose, to cause to come before you the said witnesses, and carefully examine them on their respective oaths touching the premises, and their examination, so taken in writing, you will transmit, under your seal, to our said probate court, together with this writ.

Witness John stiles, clerk of our said probate (SEAL.] court, and the seal thereof hereto affixed, at

Corydon in the county aforesaid, the 20th day of May, A. D. 1832.

JOHN STILES, Clerk,

Notice.

Mr. John Roe, administrator of the estate of Richard Roe deceased, take notice, that on the twenty-third day of June next, between the hours of ten in the morning and five in the evening of said day, at the dwelling house of Charles Lynch, in the town of Westport, in the county of Oldham and state of Kentucky, before Richard Fen and Peter Den esquires, I will proceed to take the depositions of John Dill and William Frame, to be read as evidence in a certain cause depending in the probate court of the county of Harrison, in the state of Indiana, wherein you are plaintiff and I am defendant. When and where you attend if you please.

DAVID FLINN. May 20th, 1832.

may

Affidavit of service.

John Welsh being duly sworn, deposeth and saith, that on the twenty-fourth day of May last, he served the within notice on John Roe, administrator of the estate of Richard Roe deceased, by reading the same to him, and leaving with him a true

copy

thereof. Sworn in open court, Sept• 3rd, 1832.

JOHN STILES. Cl’k.

Oath of a witness before a jury.'

You solemnly swear, that the evidence you will give to the court and jury, in the cause now depending between John Doe, administrator of the estate of Richard Roe deceased, plaintiff, and David Flinn, defendant, shall be the truth, the whole truth, and nothing but the truth. So help you God.

Oath on voire dire.

You solemnly swear, that you will make true answers to such questions as may be put to you touching the cause now depending between John Roe, administrator of the estate of Richard Roe, plaintiff, and David Flinn, defendant. So help you God.

Oath of a witness to a will.

You solemnly swear, that you saw Richard Roe sign, seal, publish, and declare this writing, as his last will and testament; that you believe he was, at the time of its execution, of sound mind and memory; and that you signed your name thereto, as a witness, in the presence of the said testator and at his request. So help you God.

67Cases frequently occur, where it is necessary, after judgment, to sue out a scire facias before execution. A sire facias lies for many purposes in law, and each writ is formed according to the special circumstances of the case; but such writs of scire facias as are necessary to be noticed here, apply principally to cases where there is an addition or change of partics, lry marriage or death; or where the object is to revive a judgment previously had, between the same parties.

There is no right, or liability to execution, in one who is not a party to the record and judgment, until such right or Liability is created by a judgment of the court on scire facias. To make the husband liable to execution, on a judgment obtained against the wife, dum sola; to entitle the husband to execution, on a judgment recovered by the wife, dum sola; to have execution against an executor or administrator, on a judgment obtained against the testator or intestate, in his life time; or to entitle an executor or administrator to an execution, on a judgment recovered by the testator or intestate, in his lifetime; the party interested must bring scire facias.

Where the interest still exists in the same persons who are parties to the record, if a judgment bas lain more than a year and a day, it must be revived by a judgment on scire facias, before execution can be taken out. It is also provided by statute, “That any person having obtained a judgment against any executor or administrator, to be levied of the assets of the deceased, when the same may come to the hands of such executor or administrator to be administered, may have a scire facias against such executor or administrator, alleging, that such executor or administrator has, since the commencement of the suit, eventuating in the rendition of such judgment, acquired or become possessed of such assets; and such proceedings and judgment may be had thereon as are consistent with law and the rights of the parties. Or such person may sue out a scire facias against such executor or administrator, upon such judgment, alleging that such executor or administrator has wasted the assets of the estate intrusted to his administration, either before or after the obtaining of such judgment; and such proceedings and judgment may be had thereon as are prescribed for proceedings and judgment upon writs of scire facias against executors and administralors, in other cases in which waste may be alleged." Rev. L. 170.

Sciro facias, against baron and feme, upon a judgment reco

vered against the feme, dum sola.

State of Indiana, Orange county, to wit.

The state of Indiana to the sheriff of Orange county, GREETING:

Whereas John Den, lately in our probate court, of the said county of Orange, to wit, at the November terme thereof, in the year of oar Lord eighteen hundred and thirty-one, by consideration of the said court, recovered against Sarah Mifflin, one hundred dollars for his damages which he had sustained, as well on occasion of the not performing certain promises and undertakings then lately made by the said Sarah Mifflin to the said John Den, as for his costs and charges by bim about his suit in that behalf expended; whereof the said Sarah Mifflin is convicted, as appears to us of record; and afterward the said Sarah MiMin intermarried with one James Briscoe; and now on behalf of the said John Den, in our said probate court, we have been informed, that although judgment be thereupon given, yet execution of the damages aforesaid, still remains to be done. And because we are willing that right and justice should be done in this behalf, we command you, that by good and lawful men of your county, you make known to the said James Briscoe and Sarah his wife, that they be and appear before our said probate court, at Paoli, on the first Monday in September next, to shew if they have or know of any thing to say for themselves, why the said John Den ought not to have his execution against them of the damages aforesaid, according to the force and effect of the said recovery, if they shall think it expedient so to do; and further to do and receive whatever our said court shall consider in this behalf; and have you then there the names of those by whom you shall so make known to them, and this writ.

Witness John Stiles, clerk of our said court,

and the seal thereof bereunto affixed, at Paoli, [seal.] in the said county, the 15th day of August, A. D. 1832.

JOHN STILES, Cl’k.

Scire facias, by baron and feme, on a judgment recovered

by the feme, dum sola.

State of Indiana, Floyd county, to wit.

The state of Indiana to the sheriff of Floyd county GREETING:

Whereas Sarah Mifflin, lately in our probate court of Floyd county, to wit, at the November term thereof in the year of our Lord, eighteen hundred and thirty-one,

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