Nowell v. Haire

Fish, J.'

The plaintiff brought suit on a judgment. The defendant demurred to the petition, upon the ground that it showed upon its face that the judgment was not merely dormant but was barred by the statute. The court overruled the demurrer, and the defendant excepted. There is only one question involved in the case, and that is, whether an entry made by a proper officer upon the execution which issued from the judgment, but not recorded on the execution docket, would, as between the parties to the judgment, arrest the running of the dormancy statute and constitute a new point from which to…