Cardesa v. Humes

The opinion of the Court was delivered by

Gibson J.

The agreement set up at the trial was entered into prior to the judgment which this scire facias is brought to revive, and might have been urged as a defence to the original suit. The defendants contend, there are peculiar circumstances exempting this case from the operation of the rule which excludes, as a defence to a scire facias, all matter that might have been taken advantage of in the original suit; because, as they say, the agreement could not have been used as a defence without violating it; and because the judgment was obtained by…