McConnell v. Hamilton
McConnell v. Hamilton
Opinion of the Court
A scire facias to revive a judgment, though not an original action, is, in many respects, an action or suit. It is one form in which a particular kind of debt, to-wit: a debt of record, may be recovered. It must be served, have proper parties, it may be pleaded to, an issue formed on the plea, a trial be had, and a judgment entered up. Indeed, there is scarcely any difference between it and an action of debt on the judgment, except that it must be brought in the county where
Judgment reversed.
Reference
- Full Case Name
- S. M. McConnell, in error v. Joseph T. Hamilton, in error
- Status
- Published