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Legal Opinion

M'Gill v. Perrigo

New York Supreme Court

Decided August 15, 1812PublishedCited by 3 opinions

INGALLS, for the defendants, moved to change the venue in this cause, which was a scire facias on a judgment, from Albany to Washington county, where the venue in the original action was

1Per curiam

A scire facias to revive a judgment is a continuation of a former suit; and the venue ought to be laid in the county in which it was laid in the original action. The English practice is decisive. (Chitty's Plead. 272. Tidd’s Prac. 1035. Hob. 4. Yelv. 218. Cro. Jac. 231.)

Rule granted.

2Cited by3 opinions

  1. Lafayette County v. WonderlyCourt of Appeals for the Eighth Circuit · 1899
  2. State v. HoeffnerSupreme Court of Missouri · 1894
  3. Pollard v. EckfordMississippi Supreme Court · 1874
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