Albin v. People
Illinois Supreme Court
Writ of Error to the Circuit Court of Cumberland county; the Hon. Hiram B. Decius, Judge, presiding. This was a proceeding by scire facias, to revive a judgment obtained by the people upon a recognizance. Upon triál in the Court below, judgment was rendered against the defendants, who bring the cause to this Court by writ of error. The facts appear in the opinion of the Court.
1Opinion of the CourtJustice Walker
It is insisted that this writ of scire faeias would not lie, because there had not elapsed seven years from the date of the rendition of the judgment, on which execution was sought by this proceeding; and it is said that while the scire facias fails to show the fact, it appears in the record of the original case, that an execution was issued within one year from the date of its rendition. It is one of the most familiar rules of practice that a plaintiff may sue and recover, in an action of debt on an unsatisfied judgment. And the practice is equally uniform, that a scire facias may be…
2Cited by3 opinions
- Tettamanzi v. ZenoSupreme Court of Puerto Rico · 1917
- Morse v. PearlSupreme Court of New Hampshire · 1892
- Tettamauzi v. ZenoSupreme Court of Puerto Rico · 1917