Legal Opinion

Hanson v. Jacks

Supreme Court of Alabama

Decided January 15, 1853PublishedCited by 4 opinions

Error to tbe Court of Probate of Chambers. This case arose ou a scire Jadas. It appears that the plaintiff in error, with one Thomas C. Hanson, sued out letters testamentary on the estate of William Hanson, deceased. A final settlement of said estate was had in 1844, when a decree in favor of the defendants in -error was made for $838 TW.

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Error to tbe Court of Probate of Chambers. This case arose ou a scire Jadas. It appears that the plaintiff in error, with one Thomas C. Hanson, sued out letters testamentary on the estate of William Hanson, deceased. A final settlement of said estate was had in 1844, when a decree in favor of the defendants in -error was made for $838 TW. No ji. fa. was ever issued on this decree; and in August, 1850, Jacks and wife sued out a writ of scire facias against both the executors, to revive the judgment, and have execution upon it. This writ was returned “ made known ” as to George W. Hanson, but…

1Opinion of the CourtLigon, J.

A writ of scire facias to revive a judgment at law, on which execution has not issued in a year and a day, may be regarded as a suit upon the judgment; and so far as the plaintiff’s right to discontinue as to parties not served, is concerned, the rule would be the same in both cases. Toulmin v. Bennett, 3 S. & P. 220; Sartin & Rodgers v. Weir &c., ib. 421. It is true, the scire facias, in the latter case cited, in which a discontinuance was held regular, was issued on a replevy bond, and not on a judgment; but we apprehend this can make no difference, as the right to discontinue in any case,…

2Cases cited2 opinions

  1. English v. BrownSupreme Court of Alabama · 1846
  2. State v. JohnSupreme Court of Alabama · 1841

3Cited by4 opinions

  1. Quill v. Carolina Portland Cement Co.Supreme Court of Alabama · 1929
  2. Thomas v. De GraffenreidSupreme Court of Alabama · 1855
  3. Drennan v. DunnSupreme Court of Alabama · 1910
  4. United States v. HoustonDistrict Court, D. Kansas · 1891

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