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M'KNIGHT v. CRAIG'S ADM'R.

10 U.S. 183 (1810)

6 Cranch 183

M'KNIGHT v. CRAIG'S ADMINISTRATOR.

Supreme Court of United States.

February 19, 1810.

Attorney(s) appearing for the Case

E.J. Lee, for the plaintiff in error.

Swann, contra.

MARSHALL, Ch. J. delivered the opinion of the court to the following effect.

The act of assembly of Virginia, is copied almost literally from the English statute of 8 and 9 W. III. c. 11. The case in 6 Mod. is a decision expressly upon that statute, and is precisely in point, that the defendant upon the scire facias can only plead what the intestate could have pleaded; and that it...

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