Simpson v. Minnix
Court of Appeals for the D.C. Circuit
Hearing on an appeal by one of two defendants from a judgment of fiat of tbe Supreme Court of tbe District of Columbia, on a writ of sci. fa. to revive a judgment. The Court in the opinion stated the facts as follows: This is an appeal from a judgment of fiat entered in the supreme court of the District of Columbia against appellant, Henry K. Simpson, and in favor of appellee, William S. Min-nix.
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Hearing on an appeal by one of two defendants from a judgment of fiat of tbe Supreme Court of tbe District of Columbia, on a writ of sci. fa. to revive a judgment. The Court in the opinion stated the facts as follows: This is an appeal from a judgment of fiat entered in the supreme court of the District of Columbia against appellant, Henry K. Simpson, and in favor of appellee, William S. Min-nix. On June 14, 1895, the appellee recovered a judgment against the appellant and one Charles B. Fonda. On July 5, 1895, a writ of fieri facias was issued, which was returned nulla bona. On the same day…
1Opinion of the CourtJustice Van Orsuee
It is unnecessary to consider the first assignment, inasmuch as plaintiff failed to reserve any exception to the order of the court sustaining the demurrer to said pleas. This reduces the consideration of the case, as contended for by appellant in his brief, to the following questions: “Whether it is necessary, after ten years, for plaintiff to make affidaAÚt of nonpayment before he can have sci. fa.; whether he can maintain the writ when the answer of a garnishee in the nature of a plea of not guilty has been made and no further steps taken; whether fiat can be had against one of two joint…
2Cases cited3 opinions
- Riordan v. BrittonTexas Supreme Court · 1887
- Bourne v. HockerCourt of Appeals of Kentucky · 1850
- Hibbard v. PettiboneWisconsin Supreme Court · 1859