President of Bank of New-York v. Eden
New York Supreme Court
IN this, and eight other causes, between the same parties, judgments were entered up and docketed, in favor of the plaintiffs, against the defendant, in 1S00 and 1801, amounting together to about 17,000 dollars; but no executions had.been issued thereon.
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IN this, and eight other causes, between the same parties, judgments were entered up and docketed, in favor of the plaintiffs, against the defendant, in 1S00 and 1801, amounting together to about 17,000 dollars; but no executions had.been issued thereon. The defendant was duly discharged from his debts, on the 20th of August, 1801, under the insolvent act of ihe 20th of Maith, 1788. at the last term, moved for leave to issue writs of scire facias to revive the judgments, in order to take out executions thereon. He read affidavits of the due service of notice of the motion on the defendant;…
1Per curiam
Where a judgment is above ten years’ standing, the plaintiff must apply to the court, for leave to issue a scire facias, supported by an affidavit, that the judgment remains unsatisfied. (2 Salk. 598. Hardisty v. Burney.) If the judgment be of more than twenty years’ standing, the plaintiff must give notice of the motion, with a copy of the affidavit, to the defendant, or move for a *rule to show cause, why a scire facias should not issue. In the latter case, the court would have a discretion over the question, to deny the motion, or not; but where the judgment is less than twenty years old,…
2Cited by3 opinions
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- Wheeler v. EldredCalifornia Supreme Court · 1898
- Banco Territorial y Agrícola de Puerto Rico v. MarcialSupreme Court of Puerto Rico · 1932