Moor v. Towle
Supreme Judicial Court of Maine
This was an action of debt upon a judgment. The principal defendant pleaded in abatement, that since this action was commenced, an alias execution was taken out on the original judgment, on which execution he was arrested and committed to prison, and there remained. To this plea there was a general demurrer and joinder. And it was agreed that upon .the pleadings final judgment might be entered.
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This was an action of debt upon a judgment. The principal defendant pleaded in abatement, that since this action was commenced, an alias execution was taken out on the original judgment, on which execution he was arrested and committed to prison, and there remained. To this plea there was a general demurrer and joinder. And it was agreed that upon .the pleadings final judgment might be entered. The trustee also made a disclosure, upon which he was charged by Tenney, J., presiding. To that adjudication the trustee excepted.
1Opinion of the CourtRice, J.
— The plaintiff, having obtained a judgment against the principal defendant, was authorized to take out an execution thereon at any time within one year from its rendition. R. S., c. 115, § 104. This course he was entitled to pursue, notwithstanding he had, before he took out his execution, caused an action to be commenced upon the same judgment. Cushing v. Arnold, 9 Met. 23. The commitment of the defendant on the execution did not discharge or annul the judgment on which it issued, nor discharge the action pending thereon.
The questions raised upon the pleadings, do not therefore become…
2Cited by1 opinion
- Elizabethtown Savings Institution v. GerberNew Jersey Court of Chancery · 1881