Brown v. Wygant & Leeds
Supreme Court of the United States
APPEAL PROM THE SUPREME COURT OP THE DISTRICT OP COLUMBIA. On June 22,1887, Joseph M. Brown, a citizen of the United States, residing in the District of Columbia, filed in. the Supreme Court of the District of Columbia a bill in equity against Grace Wygant, executrix of Stephen I. Wygant, deceased, a resident of the State of New Jersey, seeking to enjoin the collection of a judgment of the Supreme Court of the District of Columbia in favor of the said Grace Wygant,…
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APPEAL PROM THE SUPREME COURT OP THE DISTRICT OP COLUMBIA. On June 22,1887, Joseph M. Brown, a citizen of the United States, residing in the District of Columbia, filed in. the Supreme Court of the District of Columbia a bill in equity against Grace Wygant, executrix of Stephen I. Wygant, deceased, a resident of the State of New Jersey, seeking to enjoin the collection of a judgment of the Supreme Court of the District of Columbia in favor of the said Grace Wygant, executrix, against the said Joseph M. Brown, dated March 3, 1886. The bill alleged that on the 9th day of February, 1874, one…
1Opinion of the CourtJustice Shibas
In dismissing the appellant’s bill of complaint and sustaining the cross-bills the Supreme Court of the District evidently proceeded on the view that it was competent for the Circuit Court to render judgment of “fiat exeeuiio ” on the return of “ nihil” to two successive writs of scire facias on the original judgment. That a return of two nihils is equivalent to a service has been a rule of practice of long standing in England and in most of the States of this Union.
The writ of scire facias guare execuiio non is defined to be a writ issued out of the court wherein a judgment has been entered,…
2Cases cited4 opinions
- Owens v. HenrySupreme Court of the United States · 1896
- Thatcher v. RockwellSupreme Court of the United States · 1882
- Barrow v. BaileySupreme Court of Florida · 1853
- Chambers v. CarsonSupreme Court of Pennsylvania · 1836
3Cited by15 opinions
- Commonwealth v. ShafferSupreme Court of Pennsylvania · 1972
- Wax v. Riverview Cemetery Co.Superior Court of Delaware · 1942
- Collin County Nat. Bank v. HughesCourt of Appeals for the Eighth Circuit · 1907
- Christy v. Des Moines City Railway Co.Supreme Court of Iowa · 1905
- Kirk v. United StatesU.S. Circuit Court for the District of Northern New York · 1904
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