Grantland v. City of Memphis
United States Circuit Court
The plaintiff recovered in this court on June 14, 1879, a judgment against the city of Memphis for $1,778.75. A scire facias issued against the taxing district of Sbelby county, to show cause why this judgment should not be revived against it as the successor of the city of Memphis, to which the taxing district has demurred, because— “(1) From the face of said writ it appears that the plaintiff in the above-entitled cause has already recovered a judgment against the city of…
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The plaintiff recovered in this court on June 14, 1879, a judgment against the city of Memphis for $1,778.75. A scire facias issued against the taxing district of Sbelby county, to show cause why this judgment should not be revived against it as the successor of the city of Memphis, to which the taxing district has demurred, because— “(1) From the face of said writ it appears that the plaintiff in the above-entitled cause has already recovered a judgment against the city of Memphis, and therefore there can be no revivor against this demurrant. (2) It is insufficient, because there was none of…
1Opinion of the Court
Hajimond, D. J.
The Revised Statutes, § 716, authorize the federal courts to issue the writ of scire facias according to the usages of the common law and the law of the states. Bump, Fed. Proc. 401, and notes; Bank v. Halstead, 10 Wheat. 51, 55. The uses of the writ at common law and upder the early English statutes are very numerous, though there was some dispute whether strictly, at common law, it applied to any personal action. Foster, Scire Facias, passim; 8 Bac. Abr. (Bouvier’s Ed.) tit. “Scire Facias ” 2 Tidd, Pr. (3d Ed.) 1090; 63 Law Lib. 1 et seq.; Freeman, Ex’n, §§ 81-97; Freeman,…
2Cases cited11 opinions
- Meriwether v. GarrettSupreme Court of the United States · 1880
- Bank of the United States v. HalsteadSupreme Court of the United States · 1825
- National Bank v. ColbySupreme Court of the United States · 1875
- Winder v. CaldwellSupreme Court of the United States · 1853
- United States v. PlumerU.S. Circuit Court for the District of Massachusetts · 1859
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3Cited by2 opinions
- Universal Transp. Co. v. National Surety Co.District Court, S.D. New York · 1918
- Beckwith v. RacineU.S. Circuit Court for the District of Eastern Wisconsin · 1876