Moore v. Garrettson
Court of Appeals of Maryland
Appeal from the Circuit Court for Allegany county. This appeal was taken by the appellant front the judgment of the court below, (Frederick A. Scht.ey, Special Judge,) sustaining a demurrer to his plea to a scire facias. The facts appearing on the record are fully stated in the opinion of this court.
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Appeal from the Circuit Court for Allegany county. This appeal was taken by the appellant front the judgment of the court below, (Frederick A. Scht.ey, Special Judge,) sustaining a demurrer to his plea to a scire facias. The facts appearing on the record are fully stated in the opinion of this court. By an agreement of the counsel for the parties it appears, that the original judgment was recovered on the 10th of October 1843, subject to Moore’s discharge under the insolvent laws. On this judgment a sci.fa. was issued in 1847, which was returned scire feci; and the defendant failing to…
1Opinion of the CourtMason, J.
To a scire facias to revive a judgment, the defendant pleaded his discharge under the insolvent laws, granted prior to the rendition of the original judgment. The plaintiff demurred to this plea, and the court sustained the demurrer, from which the defendant appealed. Whether or not this plea was good, is the question presented on the present appeal.
It is a well settled principle, that a defendant cannot plead to a scire facias, any matter which might have been set up as a defence to the original action. The reason is, that if it were otherwise there would be no end to the proceedings.…
2Cited by5 opinions
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