Denny v. Ross

The opinion of the court was delivered by

Cunningham, J. :

There is some question between counsel as to the nature of this case, the plaintiff in error claiming that it is one to revive a dormant judgment ; the defendant in error, that it is an action upon a dormant judgment.

The judgment was rendered May 19, 1879. It was properly kept alive by the issuance of executions until December 10, 1888, on which date an execution was issued. The next execution was issued December 13, 1893; the next February 10, 1899. This action was commenced December 4, 1899, which, as will be noted , is nine days less…