
    Susanna Townshend, Executrix of Daniel Townshend, vs. Samuel H. Townshend and others.
    
    June, 1839.
    Where a feme sole executrix obtains a judgment from which there is an appeal, and pending the appeal she marries, an execution on the judgment after affirmance cannot issue without a scire facias making the husband a party.
    Motion to quash a fi. fa. from the Court of Appeals.
    It appeared in this case that, pending the appeal, Susanna Townshend, executrix, who had obtained the judgment, and in whose favor the writ of fi. fa. had been issued, had mar~ ried, and her husband was now alive.
    J. Johnson for the motion,
    contended that, a scire facias was necessary to make the husband a party, before the fieri facias could regularly be issued.
    T. F. Bowie contra.
   By the court,

— the motion must be granted.

FIERI FACIAS QUASHED.  