Miller v. Washburn
Massachusetts Supreme Judicial Court
This was a writ of scire facias, dated August 22, 1812, in which the plaintiff sets forth that, in May, 1807, he recovered judgment in this Court against one Earl Alden for the sum of 60 dollars 73 cents for his costs of a suit therein; that an execution issued on that judgment, upon which the said Alden was committed to jail, from whence he was afterwards liberated by taking the poor debt- or’s oath ; that the said judgment remains unsatisfied; and that the present…
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This was a writ of scire facias, dated August 22, 1812, in which the plaintiff sets forth that, in May, 1807, he recovered judgment in this Court against one Earl Alden for the sum of 60 dollars 73 cents for his costs of a suit therein; that an execution issued on that judgment, upon which the said Alden was committed to jail, from whence he was afterwards liberated by taking the poor debt- or’s oath ; that the said judgment remains unsatisfied; and that the present defendant, as the agent and attorney of the said Alden, endorsed the original writ, whereon the said judgment was rendered by…
1Opinion of the Court
Curia.
The defendant has attempted to support his plea by insisting on an analogy between the endorser of a writ and the bail in a civil suit; which latter is exonerated by the statute relating to bail, if the scire facias is not taken out within the time mentioned in his plea. (2) But the analogy wholly fails, as in one case there is an express provision by statute, and in the other none.
The statute which provides for the liability of endorsers of original writs (3) has fixed no time within which process'shall issue; and although it may be reasonable to establish a limitation beyond which…
2Cases cited1 opinion
- Ruggles v. IvesMassachusetts Supreme Judicial Court · 1810
3Cited by4 opinions
- Universal Transp. Co. v. National Surety Co.District Court, S.D. New York · 1918
- Carroll v. WilliamsSupreme Court of Rhode Island · 1894
- Wilson v. ChaseSupreme Judicial Court of Maine · 1841
- Dunn v. BozarthNebraska Supreme Court · 1902