Browne v. Chavez
Supreme Court of the United States
ERROR TO AND APPEAL PROM THE SUPREME COURT OF THE TERRITORY OF NEW MEXICO. This case was brought here both by writ of error and appeal. As thereby as no trial by jury and the issues were only questions of law determined by the trial court on demurrer, the writ of error is dismissed, and the cause considered on the appeal.
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ERROR TO AND APPEAL PROM THE SUPREME COURT OF THE TERRITORY OF NEW MEXICO. This case was brought here both by writ of error and appeal. As thereby as no trial by jury and the issues were only questions of law determined by the trial court on demurrer, the writ of error is dismissed, and the cause considered on the appeal. On the 7th of October, 1885, the firm of Browne, Manzanares & Company, composed of L. P. Browne, since deceased, and F. A. Manzanares, recovered judgment against Francisco Chavez, 2d, in the District Court of Bernalillo County, for the sum of $4170, damages and costs. No…
1Opinion of the Court
Me. Chibe Justice Fullee
delivered the opinion of the court.
The writ of scire facias has been, among other things, customarily used to obtain execution on a judgment which has become dormant. At common law it lay in real actions and on a writ of annuity, if the plaintiff did not take out execution within a year and a day, and it was given, under the same circumstances, in personal actions, by the statute of Second "Westminster, 13 Edw. I, St. 1, c. 45, before which act, the plaintiff was put to a néw action • on his judgment. Foster on Scire Facias, 2, and cases cited.
The writ in this case was…
2Cases cited4 opinions
- Owens v. HenrySupreme Court of the United States · 1896
- Cameron & McKay v. YoungNew York Supreme Court · 1851
- Gonnigal v. SmithNew York Supreme Court · 1810
- Kirkland v. KrebsCourt of Appeals of Maryland · 1871
3Cited by16 opinions
- Defense Supplies Corp. v. Lawrence Warehouse Co.Supreme Court of the United States · 1949
- Hollister v. United StatesCourt of Appeals for the Eighth Circuit · 1906
- Sun Indemnity Co. of New York v. United StatesCourt of Appeals for the Third Circuit · 1937
- Galef v. Buena Vista DairyNew Mexico Court of Appeals · 1994
- Galef v. Buena Vista DairyNew Mexico Court of Appeals · 1994
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