First National Bank v. Crook

Harrington, J.,

delivering the opinion of the Court:

As a general rule, a scire facias is necessary where a defendant in a judgment dies and a person, not a party to such judgment, is to be charged with the payment of it, by an execution to be issued thereon. 2 Tidd’s Pract. 1165, 1166; Foster on Scire Facias (73 Law Lib.) 114, 172, *285183; Woolley’s Del. Pract., § 1315; Cooper v. May, 1 Harr. 21.

When used for that purpose a scire facias, though it usually partakes of the nature of an action, is a continuation of a proceeding already begun, and is, therefore, in the nature of a rule to show…