Otterback v. Patch
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the defendant from a judgment awarding execution of an original judgment in a proceeding by sci. fa. to revive the judgment. The Court in its opinion stated the facts as follows: This is a proceeding by scire facias to revive a judgment recovered on the 6th of Februrary, 1861, and which has been revived, or attempted to be revived, by several subsequent scire facias prior to the one issued in the present case.
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Hearing on an appeal by the defendant from a judgment awarding execution of an original judgment in a proceeding by sci. fa. to revive the judgment. The Court in its opinion stated the facts as follows: This is a proceeding by scire facias to revive a judgment recovered on the 6th of Februrary, 1861, and which has been revived, or attempted to be revived, by several subsequent scire facias prior to the one issued in the present case. The original judgment was recovered by John Hoover, since deceased, against Henry B. and Benjamin L. Otter-back. The judgment was assigned by Hoover, in 1885, to…
1Opinion of the CourtChief Justice Alvey
If the case had been presented on the demurrer originally *72interposed to the writ of scire facias, there would have been no difficulty in declaring the writ radically defective. It fails to set out the several intervening judgments for execution, if there were such judgments had, so that the court could see and determine upon the effect and sufficiency of such judgments for execution. The writ of scire facias to revive a judgment is in the nature of a declaration, and should contain upon its face, such a statement of facts, as will justify the form in which the process issues, and the persons…
2Cases cited3 opinions
- Le Strange v. State ex rel. RocheCourt of Appeals of Maryland · 1882
- McKnew v. DuvallCourt of Appeals of Maryland · 1877
- Warfield ex rel. Manro v. BrewerCourt of Appeals of Maryland · 1846