Simmons v. Simmons

Dissenting Opinion by

Kenworthey, J.:

The facts and the history of the pertinent legislation and decisions are amply set forth in the opinion of the President Judge. But I am unable to agree with the construction of the Act of 1849 adopted by the majority. I think that construction disregards the phrase, “when a judgment has been or shall be regularly revived between the original parties,” and that the decisions relied upon do not compel the conclusion reached.

Under the Act of 1827, a revival of the judgment against the original debtor alone within the five-year period availed nothing as…