Casey v. Cooledge

THOMAS, Justice,

The suit sought to revive a judgment at law.

The parties waived a trial by jury and the trial was had on plea of the general issue and special pleas 1, 2, 3, 4, and 5. Demurrers to the pleas were overruled on the hearing of the cause and the motion to revive the case was denied, to which action of the court, the “movant accepts.”

Presupposing that a plaintiff in judgment has taken no action that would defeat his right or preclude his effort to revive a judgment rendered at his insistance, a scire facias to revive can be maintained in his name or by his personal representative,…