Warfield ex rel. Manro v. Brewer
Court of Appeals of Maryland
Appeal from Washington county court. On the 16th November 1842, the appellant sued out a scire facias against the appellees, reciting a judgment obtained by a certain Alexander Manro, against James Prather and Ellen Prather, at November term 1822, for the sum of, &c.; and that a writ of scire facias was also sued out of W. county court, returnable to March term 1832, which was made known to James Prather, and flat ordered at November term 1832, for, &c.; that Ellen Prather…
Read the full summary
Appeal from Washington county court. On the 16th November 1842, the appellant sued out a scire facias against the appellees, reciting a judgment obtained by a certain Alexander Manro, against James Prather and Ellen Prather, at November term 1822, for the sum of, &c.; and that a writ of scire facias was also sued out of W. county court, returnable to March term 1832, which was made known to James Prather, and flat ordered at November term 1832, for, &c.; that Ellen Prather is since deceased; that said judgments were entered for the use of George F. Warfield; that A. M. is since dead, and no…
1Opinion of the CourtMagruder, J.
To a scire facias issued against the original defendant, and the appellees, as his terre-tenants, the latter pleaded, that the original judgment had been above twelve years’ standing. To this there was a demurrer, which the court below overruled, and the question here is, did the court err in overruling this demurrer?
The original judgment was unquestionably above twelve years’ standing, at the time when this sci.fa. was issued. But *268it appears by the sci.fa. itself, that in order to revive that judgment, a sci. fa. had been previously issued against (lie original defendant alone, and a fiat…
2Cases cited2 opinions
- Jackson ex dem. Sternberg v. ShafferNew York Supreme Court · 1814
- Arnott v. NichollsGeneral Court of Virginia · 1804
3Cited by7 opinions
- Polk v. PendletonCourt of Appeals of Maryland · 1869
- McKnew v. DuvallCourt of Appeals of Maryland · 1877
- Wright v. RylandCourt of Appeals of Maryland · 1901
- Tiers v. CoddCourt of Appeals of Maryland · 1898
- Otterback v. PatchCourt of Appeals for the D.C. Circuit · 1894
2 more not listed; retrieve them via the Exa API.