McCoole v. Mackintosh

This is a writ of scire facias. The defendant filed a motion to “dismiss or quash” which was denied and a demurrer which was overruled. The writ of scire facias was in the usual form and dated on January 15, 1932. It set out that the plaintiff in his capacity as judge of probate recovered judgment against the defendant in the sum of $10,000 on May 6, 1929, that the plaintiff has not had execution on that judgment for the use of the present claimant for the amount found due to him, and prayed for relief. The writ of scire facias is a judicial writ in its principal characteristics, is deemed to…