Smith v. Carlson

Plaintiffs appeal from an order dismissing a scire facias proceeding. On January 20, 1934, David S. Jaffray, now deceased, recovered a judgment for $1,404.48. He died November 4, 1953. On January 15; 1954, his executors filed an affidavit for revival of the judgment by scire facias. The writ was issued on that date but was not served. An alias writ was issued January 29, 1954, and was duly served. On February 4, 1954, defendants filed a motion to dismiss the proceedings on the ground that an order of revival could not be entered after expiration of the life of the judgment on January 20,…