
    Braxton v. Andrews.
    [April Term, 1800.]
    Appeal — Scire Facias to Revive — Case at Bar. — if tlie appellant dies, and no person will administer on Ais estate, so that the court orders the Serjeant to take possession of it, no scire facias to revive the appeal, lies against the Serjeant.
    Braxton appealed, from the Court of Chancery, to this court; and then died. As no person would take administration on his estate, it was committed, by the Hustings Court, to the Serjeant of the city, agreeable to the act of Assembly. Rev. Cod. 176, sect. 61.
    
      
      See monographic note on “Appeals.”
    
   A scire facias, was moved for against the Serjeant, to revive the appeal.

The court thought it was a case not provided for, by the act of Assembly. And nothing was taken by the motion.

N. B. .The cause lay over for several terms; and, at length, was finally abated.  