Wax v. Riverview Cemetery Co.

Rodney, J.,

delivering the opinion of the Court:

Before discussing the validity or legality of a judgment obtained by Scire Facias on two returns of nihil against a corporation whose charter had been repealed by Proclamation of the Governor, it is necessary to give some attention to the question as to whether our statutory proceeding of Scire Facias sur mortgage is applicable at all where the mortgage has been given by a corporation, and whether a valid judgment can be obtained in such proceedings by two returns of “nihil habet.” We can thus, by separation, determine the exact effect of the…