Dutton v. Parish
Court of Appeals for the D.C. Circuit
Hearing on an appeal (specially allowed) "by the plaintiff, from an order of the Supreme Court of the District of Columbia vacating a prior order, summoning the executrix of the deceased judgment defendant to appear and defend. Affirmed.
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Hearing on an appeal (specially allowed) "by the plaintiff, from an order of the Supreme Court of the District of Columbia vacating a prior order, summoning the executrix of the deceased judgment defendant to appear and defend. Affirmed. The Court in the opinion stated the facts as follows: This is a special appeal from an order of the supreme court of the District vacating a prior order of summons of that court to appellee, Emily E. Parish, executrix under the will of Joseph W. Parish, deceased, to appear and make herself defendant in an action supposed to have been pending in said court in…
1Opinion of the CourtJustice Robb
Scire facias to revive a former judgment, under the doctrine prevailing in Maryland from an early day, is a judicial Avrit, and is converted into an action only by appearance and plea thereto by the defendant. Collins v. McBlair, 29 App. D. C. 354; Weaver v. Boggs, 38 Md. 255. Unless it is thus converted into an action, its character is unchanged, and its life ends in a year and a day from its issuance. Collins v. McBlair, supra. It is apparent, beyond the point of controversy, that when said order of summons of June 11th, 1909, was issued, the action in respect to which it was issued had…
2Cases cited2 opinions
- Harris v. HardemanSupreme Court of the United States · 1853
- Weaver v. BoggsCourt of Appeals of Maryland · 1873
3Cited by2 opinions
- Acker v. HerfurthCourt of Appeals for the D.C. Circuit · 1939
- Lee v. EnglandDistrict Court, District of Columbia · 1962