Buckner v. Pipes
Mississippi Supreme Court
Error to the Circuit Court of Adams County. Hou. W. T. Martin, Special Judge, by agreement of the parties, Hon. Ralph North being disqualified. The case comes to this court upon a writ of error to a judgment dismissing a scire facias sued out by the plaintiff in error to revive an original judgment.
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Error to the Circuit Court of Adams County. Hou. W. T. Martin, Special Judge, by agreement of the parties, Hon. Ralph North being disqualified. The case comes to this court upon a writ of error to a judgment dismissing a scire facias sued out by the plaintiff in error to revive an original judgment. The other facts of the case are stated in the opinion of the court. 1. A judgment cannot be executed after seven years from the rendition thereof, even where an execution has issued upon it within a year and a day from its rendition, unless in the meantime the plaintiff revives it by scire facias,…
1Opinion of the CourtCi-ialmeRS, J.
Buckner recovered a judgment against Pipes, on February 11, 1871, upon which, within a year and a day, a writ of fieri facias was issued, which was followed by an alias fieri facias two years afterwards.
Within seven years of the recovery of the judgment, and of course within less than seven years of the issuance of the last fieri facias, this writ of scire facias was sued out to revive the judgment. It was properly dismissed, upon motion of the defendant, at plaintiff’s costs, because it was wholly unnecessary, and, therefore, a wrongful accumulation of costs. No new party was sought to be…
2Cases cited1 opinion
- Locke v. BradyMississippi Supreme Court · 1855
3Cited by4 opinions
- Berkson Bros. v. CoxMississippi Supreme Court · 1895
- Hall v. GreenMississippi Supreme Court · 1882
- Yazoo & Mississippi Valley Railroad v. W. C. Craig & Co.Mississippi Supreme Court · 1916
- Stith v. ParhamMississippi Supreme Court · 1879