Jay v. Martine

The plaintiff recovered judgment in this action, on the 18th of February, 1840, for $293.53.

On an affidavit of his subsequent death, and that no part of the judgment has been paid, his executors, on notice to the defendant, moved for an order that execution issue on the judgment. Can leave to issue execution, in such a case, be granted on motion ? I think not, but that the executors must bring an action, praying the same relief as ■ was formerly granted in a proceeding by sci/re facias.

Prior to the Code, if an execution was not issued within two years after judgment rendered, a plaintiff was…