Gambill v. Cassimus

SIMPSON, Justice.

Motion by appellants’ testator for scire facias to revive a dormant judgment under Chapter 11, Article 8, Title 7, § 574 et seq., Code 1940.

The appellants’ testator was the assignee of the judgment, the assignment having been in writing.

The appellees advance the theory that the assignee can revive only as specified in § 579, and that because the assignment of the present judgment was by separate instrument and not “indorsed on the execution docket or on the margin of the record of the judgment * * * and * * * attested by the clerk” etc., as directed in said § 579, the…