Mayor v. Evertson

The judgment was for the penalty of a bond, payable by instalments. Execution had been issued, and returned satisfied, for all the instalments, except the last, before that fell ¿ue. More than a year after the last instalment became due, another execution was issued, which it was now moved, on behalf of the defendants, to set aside; and the question was, whether it could issue without scire facias ; and Tidd, (New-York ed. of 1807, pages 1004, 1008, and 1011) was cited for the defendants, to shew that it could not. But Say-age, Ch. J. was of opinion, that the execution, which had been issued…