Legal Opinion

Cowan v. Shields

Tennessee Superior Court for Law and Equity

Decided September 6, 1804Published

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

  1. Executors of Dubois v. Van OrdenNew York Supreme Court · 1810

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