Hossack v. Underwood

A 8cire facias was issued, at the instance of appellee, to revive a judgment against appellant, rendered in the circuit court of LaSalle county.

Six pleas were flied. Issues were joined upon the pleas of nul tiel record and payment.

As we think that the third, fourth and fifth pleas were bad, and properly stricken from the files, we shall not discuss them. The following is the sixth plea:

“ And for a further plea in this behalf, defendant says that said plaintiff ought not to have and maintain his aforesaid writ of scire facias to revive said judgment, because, he says, that heretofore, before…