Woodcock v. Walker
Massachusetts Supreme Judicial Court
This was a writ of scire facias, returnable to the Circuit Court of Common Pleas for this county, in which the said Elizabeth recites that she preferred her complaint to the said court, at a former term thereof, upon which such proceedings were there had ; that the said Azariah was adjudged the reputed father of an illegitimate child of which she had before that time been delivered; and it was thereupon ordered by the said court that the said Azariah should pay, towards the…
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This was a writ of scire facias, returnable to the Circuit Court of Common Pleas for this county, in which the said Elizabeth recites that she preferred her complaint to the said court, at a former term thereof, upon which such proceedings were there had ; that the said Azariah was adjudged the reputed father of an illegitimate child of which she had before that time been delivered; and it was thereupon ordered by the said court that the said Azariah should pay, towards the maintenance of said child, one dollar and fifty cents a week from the birth of the child until the further order of the…
1Opinion of the Court
Per Curiam,.
A writ of scire facias lies only to obtain execution of a judgment. This was merely an order that the defendant should give security, &c. The only mode of enforcing the performance of the order was to commit the defendant to prison until he should comply. The writ cannot be supported, and the defendant must take judgment for his costs.
2Cited by3 opinions
- State v. Morgan.Supreme Court of North Carolina · 1906
- Leonard v. BoltonMassachusetts Supreme Judicial Court · 1891
- Dunbarton v. PalfreySuperior Court of New Hampshire · 1853