
    Treasurer of De La Howe’s Estate v. Administrators of John L. Gibert.
    
      Scire facias lies only against the surviving defendants, or the representatives of the last survivor: And it makes no difference, that the judgment had been rendered on a contract, which was joint and several; since the plaintiff, by suing the defendants jointly, has elected to treat the contract as joint and not several.
   Per O’Neall, J.

sustaining non-suit ordered by Mr. Justice Richardson, at Abbeville, Spring Term, 1831.

Johnson, J. and Harper, J. concurred.  