Lansing v. Lyons
New York Supreme Court
A JUDGMENT was entered up in this cause, in December, 1798, by virtue of a warrant of attorney. An execution was issued on which nothing was done; and in March, 1799, the defendant paid 26 dollars and 62 cents to the plaintiff; leaving the residue unpaid. In October, 1811, the plaintiff sued out a scire facias to revive the judgment, returnable the 1.7th of August last, which was duly served, and returned scire feci, by the sheriff.
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A JUDGMENT was entered up in this cause, in December, 1798, by virtue of a warrant of attorney. An execution was issued on which nothing was done; and in March, 1799, the defendant paid 26 dollars and 62 cents to the plaintiff; leaving the residue unpaid. In October, 1811, the plaintiff sued out a scire facias to revive the judgment, returnable the 1.7th of August last, which was duly served, and returned scire feci, by the sheriff. The defendant afterwards admitted there was a balance due on the judgment which remained unsatisfied.
1Per curiam
The scire facias must be quashed for irregularity. But the plaintiff may, on paying the costs and filing the affidavit which has been read, take out a new scire facias, without further notice to the court.
2Cited by1 opinion
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