Garner v. Hays

Hays, the defendant in error, sued Garner, the plaintiff in error, in the Circuit Court and had judgment for his debt and costs. Garner paid Hays the amount of his debt recovered, and refusing to pay the fees of the Clerk as taxed in his fee bill, moved the Circuit Court to re-tax the costs: pending this motion to re-tax the costs, and after the expiration of the year and a day from the rendition of the judgment, a scire facias was sued out to revive the judgment; a motion was made to quash the scire facias, which was overruled; and it was adjudged by said Court that said judgment as to the…