Hunter v. . Hunter

It is referred to the Supreme Court to determine whether such execution shall issue, or whether the plaintiff is required to take his (559) scire facias. The practice in such cases as that stated in this cause has been different in the different parts of the State; and I think that it is well it has been brought here, so that it may be settled. It is true that the defendant cannot plead to a scire facias anything that he pleaded or might have pleaded to the original action. This is the chief argument relied on by those who wish the special fieri facias to go on motion, but does not satisfy…