Barley v. Duncan

After the trial court had decided the previous case between the same parties (ante, page 192, 13 S. E. (2d) 294), the executors of Harley P. Wilson caused writs of scire facias to be issued on the same judgments against James M. Duncan, Jr., Administrator of J. M. Duncan. The defendant named in the writs plead the statute of limitations and res adjudicata. The trial court sustained the plea of the statute and dismissed the proceedings. To these orders this writ of error was allowed.

Plaintiffs in error contend that a proceeding to revive a judgment by writ of scire facias is in no sense a real…