Cowan v. Shields
Tennessee Superior Court for Law and Equity
1Opinion of the Court
[S. C., infra, 314.]
A judgment which appears of record satisfied cannot be the ground of a sci. fa. The defendant's motion is proper.
Where execution has issued within a year and a day, another may issue afterwards without a sci. fa., and the continuances may be entered at any time, not being essential.1 Let the writ be quashed.
Note — In Simmonds v. Wood. 6 Y. 518, it was held that an execution issued more than a year and a day after judgment was not void, but only voidable, at the instance of the defendant Afterwards, by 1849, 37, brought into the Code, § 2987, scirefacias to revise is…
2Cases cited1 opinion
- Executors of Dubois v. Van OrdenNew York Supreme Court · 1810