Mallison v. Howard. , 5 N.C. 44 ( 1805 )

By the Court.

The object of a scire facias, whit'!) the act ‘ . ... . ©f Assembly directs to be issued m cases like the present, is to enable the executor or administrator to she.w cause why he should not be made a party, and no peremptory order is made, that he shall be made a party, until an opportunity . is afforded, to shew cause, upon the return of the scirejaci-(is. The order made in this case was irregular and improper ; the rule must therefore be discharged.