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John Henshaw, Plaintiff, v. John R. Miller, Executor of Charles E. Miller, deceased U.S. 212 (1855)

handle is hein.slavery/ussccases0207 and id is 1 raw text is: SUPREME COURT. Henshaw v. Miller. an oath as is described in the indictment, being taken before a collector who had competent authority to administer it, for the purpose of obtaining an allowance of bounty money, was an oath which, if wilfully false, would subject the defendant to be punished as for perjury. And we do not think this question was so narrowed, by the passage above extracted from the former indictment, that evidence of an oath required or authof- ized by any other act besides that of 1813 could not be give- under that indictment; and we order it to be certified accord- ingly. Order. This cause came on to be heard on the transcript of the record from the circuit court of the United States for the district of Massachusefis, and on the point or question on which the judges of the said circuit court were opposed in opinion, and which was certified to this court for its opinion, agreeably to the act of congress in such case made and provided, and was argued by counsel. On consideration whereof it is the opinion of this court that the special plea pleaded by the defendant is a good plea in bar to the indictment; whereupon, it is now here or- dered and adjudged by this court that it be so certified to the said circuit court. - JOHN HENSHAW, PLAINTIFF, V. JOHN R. MILLER, EXECUTOR OF CHARLES E. MILLER, DECEASED. Where an action on the case was brought in Virginia, against a person to recover damages for fraudulently recommending a third party as worthy of credit, whereby loss was incurred; and after issue joined upon the plea of not guilty, the defendant died, the action did not survive against the executor, but abated. The Virginia laws and cases examined. THis case came up from the circuit court of the United States for the eastern district of Virginia, on a certificate of division in opinion between the judges thereof. Henshaw was a citizen of Massachusetts, and brought an action on the case against Charles E. Miller, in his lifetime, for fraudulently recommending one Robinson as worthy of credit, in consequence of which the plaintiff had incurred considerable loss. After issue joined upon the plea of not guilty, Miller died, and on motion of the plaintiff a scire facias was issued for the purpose of reviving the suit against John R. Miller, his executor. Upon the return of the scire facias, the executor moved to quash it, when the judges were divided in opinion whether the

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