Miller v. Curry

The question presented in this case is the authority of a justice of the peace to revive a judgment rendered in his court that has become dormant by lapse of time. The court below held that a justice possessed no such power, and enjoined a sale on an execution issued on such revived judgment.

The code provides a complete system of procedure for the revival of an action upon motion, on the death of one or both of the parties to the action. Code, §§ 456 to 470 inclusive.

Section 473 provides that: “ If a judgment become dormant it may be revived in the same manner as is prescribed for reviving…