Abbott v. Hackman
Abbott v. Hackman
Opinion of the Court
delivered the opinion of the court.
The principle contended for by the plaintiffs in error, in this case, is undoubtedly correct, and was so settled in Reeves v. Burnham, 3 How. Rep. 1. It was there held that judgments, created by operation of law, upon the forfeiture of forthcoming bonds, possess the same qualities, and are considered in the same light, as judgments obtained in the ordinary mode of proceeding. And when more than a year and a day have been permitted to elapse from the date of a judgment, without' proceedings having been undertaken to enforce it, the judgment must be revived by scire facias. An execution, without such revival, is irregular.
But this case is not presented to us in a shape by which this doctrine can be brought to bear upon any such error. The bill of exceptions embraces solely, the general statement that the court below was called upon to set aside an execution upon a forthcoming bond, because it had issued more than a year and a day after the lapse of the date of the judgment, and that the
The judgment must be affirmed.
Reference
- Full Case Name
- Eli Abbott v. George Hackman
- Status
- Published