The Federal Reporter, Volum 155Includes cases argued and determined in the District Courts of the United States and, Mar./May 1880-Oct./Nov. 1912, the Circuit Courts of the United States; Sept./Dec. 1891-Sept./Nov. 1924, the Circuit Courts of Appeals of the United States; Aug./Oct. 1911-Jan./Feb. 1914, the Commerce Court of the United States; Sept./Oct. 1919-Sept./Nov. 1924, the Court of Appeals of the District of Columbia. |
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Side 390
SAME—WRIT 0F SCIRE FACIAs To REVIVE A JUDGMENT. A Circuit Court of the
United States has power to issue its writ of scire facias to revive its judgment and
to prescribe a reasonable method of service thereof without the district where ...
SAME—WRIT 0F SCIRE FACIAs To REVIVE A JUDGMENT. A Circuit Court of the
United States has power to issue its writ of scire facias to revive its judgment and
to prescribe a reasonable method of service thereof without the district where ...
Side 391
A scire facias to revive a judgment is a continuance of the original action, and is
not a new action. The practice under the common law in case the writ of scire
facias could not be served upon the defendant was to render judgment of flat ...
A scire facias to revive a judgment is a continuance of the original action, and is
not a new action. The practice under the common law in case the writ of scire
facias could not be served upon the defendant was to render judgment of flat ...
Side 392
It said: “The scire facias was not a new action, but a continuation of the old one.
Wright v. Nutt, 1 T. R. 389. It was indeed necessary that notice thereof should be
given to the defendant before judgment thereon could legally be rendered. But,
as ...
It said: “The scire facias was not a new action, but a continuation of the old one.
Wright v. Nutt, 1 T. R. 389. It was indeed necessary that notice thereof should be
given to the defendant before judgment thereon could legally be rendered. But,
as ...
Side 393
Beasley, in an exhaustive and learned opinion which he delivered in the year
1889 for the Supreme Court of New Jersey, expressed the opinion of that court
that a judgment upon two returns of nihil upon a scire facias issued in the state of
...
Beasley, in an exhaustive and learned opinion which he delivered in the year
1889 for the Supreme Court of New Jersey, expressed the opinion of that court
that a judgment upon two returns of nihil upon a scire facias issued in the state of
...
Side 394
But there is a controversy among the authorities over the effect of such a
judgment in the state of the residence of the defendant at the time the writ of scire
facias 'is served upon him. That controversy is not presented, and will not be
presented ...
But there is a controversy among the authorities over the effect of such a
judgment in the state of the residence of the defendant at the time the writ of scire
facias 'is served upon him. That controversy is not presented, and will not be
presented ...
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