Alden v. Bogart

The facts of the case fully appear in the following opinions of the court, delivered May 18, 1854.

Lewis, J.

— The question in this case is, can a defendant in a scire facias upon a judgment, be allowed to urge matters of defence which existed before the judgment ? The court below was correct in answering the question in the negative. The principle is too well settled to require an argument to support it. It is immaterial whether the judgment was entered upon confession, or upon trial; nor can it make any difference that the plaintiff below read to the jury the instrument which was the original…