M'Farland v. Irwin
New York Supreme Court
THIS was an action of scire facias to revive a-iudgJ jo ment in debt for 500 dollars, and 14 dollars and 43 . ' . cents, costs.
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THIS was an action of scire facias to revive a-iudgJ jo ment in debt for 500 dollars, and 14 dollars and 43 . ' . cents, costs. To the declaration on the scire facias, the defendant pleaded, that the plaintiff ought to have execution for 50 dollars, part of the said debt, with the interest on the said sum of 50 dollars, from the 2ist of November, 1807, being the date of the bond and warrant of attorney; but that for the residue of the said debt, the plaintiff ought not to have his execution against the defendant, because the judgment was given by virtue of a certain bond, conditioned for the…
1Per curiam
The plea is inadmissible and bad. It is a settled rule, that the defendant cannot plead any matter to a sci- fa. on a judgment which he might have pleaded to the original action, or which existed prior to the judgment. A judgment entered up upon a warrant of attorney is a judgment by confession, and the cases of Bush, assignee of Jones, v. Gower, (Cases temp. Hardwicke, 220.) and of Cooke v. Jones, (Cowp. 727.) were cases of a sci. fa. upon a judgment entered by confession on a warrant of attorney.' The rule is the same whether the judgment was obtained by confession, or default, or upon…
2Cited by8 opinions
- Griswold v. StewartNew York Supreme Court · 1825
- Foster v. WoodNew York Court of Common Pleas · 1866
- Kemp ex rel. Kemp v. CookCourt of Appeals of Maryland · 1854
- State v. KinneSupreme Court of New Hampshire · 1859
- Share v. BeckerSupreme Court of Pennsylvania · 1822
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