
    Newton J. Smith v. James T. Riley et al.
    Abatement and Revivors — Code Procedure — Common Law Petition.
    The mere summary record of revivor presented by the code of practice does not abolish the sure mode by petition according to the common law.
    APPEAL FROM GRAVES CIRCUIT COURT.
    December 1, 1869.
    Tice, for appellant.
    
    Anderson, for appellee.
    
   Opinion of the Court by

Judge Robertson:

The more summary record of revivor presented by the Code of of Practice does not, as often adjudged, abolish the mere circuitous and sure mode of petition according to the common law. The case appearing to have been fully prepared in the common law mode, the circuit court erred in striking it from the docket as unprepared.

Wherefore, the judgment is reversed and the case remanded with instructions to reinstate it on the docket.  