Cowan v. Shields

Tennessee Superior Court for Law and Equity

Cowan v. Shields

1 Tenn. 64

CourtTennessee Superior Court for Law and Equity

DecidedSeptember 6, 1804

StatusPublished

This text of 1 Tenn. 64 (Cowan v. Shields) is published on Counsel Stack Legal Research, covering Tennessee Superior Court for Law and Equity primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Cowan v. Shields, 1 Tenn. 64 (Tenn. Ct. App. 1804).

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Opinion

[S. C., infra, 314.] A judgment which appears of record satisfied cannot be the ground of a sci. fa. The defendant's motion is proper.

Where execution has issued within a year and a day, another may issue afterwards without a sci. fa., and the continuances may be entered at any time, not being essential.¹ Let the writ be quashed.

Note — In Simmonds v. Wood. 6 Y. 518, it was held that an execution issued more than a year and a day after judgment was not void, but only voidable, at the instance of the defendant Afterwards, by 1849, 37, brought into the Code, § 2987, scirefacias to revise is dispensed with in such cases, and execution issues after the year and day as if issued within that time. And see Gregory v. Chadwell, 3 Cold. 391. —ED.

¹ See 2 Wil. 82; Comb. 346; 7 Mod. 50; 2 Ld. Ray. 800; Hardin, 521; 6 Johns. 105.

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[S. C., infra, 314.] A judgment which appears of record satisfied cannot be the ground of a sci. fa. The defendant's motion is proper.

Where execution has issued within a year and a day, another may issue afterwards without a sci. fa., and the continuances may be entered at any time, not being essential.¹ Let the writ be quashed.

Note — In Simmonds v. Wood. 6 Y. 518, it was held that an execution issued more than a year and a day after judgment was not void, but only voidable, at the instance of the defendant Afterwards, by 1849, 37, brought into the Code, § 2987, scirefacias to revise is dispensed with in such cases, and execution issues after the year and day as if issued within that time. And see Gregory v. Chadwell, 3 Cold. 391. —ED.

¹ See 2 Wil. 82; Comb. 346; 7 Mod. 50; 2 Ld. Ray. 800; Hardin, 521; 6 Johns. 105.

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