Jarvis v. Rathburn

Connecticut Superior Court

Jarvis v. Rathburn

1 Kirby 220

DecidedFebruary 15, 1787

StatusPublished

This text of 1 Kirby 220 (Jarvis v. Rathburn) is published on Counsel Stack Legal Research, covering Connecticut Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jarvis v. Rathburn, 1 Kirby 220 (Colo. Ct. App. 1787).

Pincite

Opinion

By the whole Court.

The plea in abatement is sufficient. A scire facias is a judicial writ, issued for the purpose of substantiating and carrying into effect an antecedent judgment; and ought, therefore, to issue from the court rendering such judgment, and where the records of it remain. And it is according to the course of the common law of England, and the established practice of this state, and according to [221]*221the provision of its statutes, in all cases where they have specially provided for writs of scire facias, that should thus issue, and not from another court, or justice of the peace, as in the present case.

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By the whole Court.

The plea in abatement is sufficient. A scire facias is a judicial writ, issued for the purpose of substantiating and carrying into effect an antecedent judgment; and ought, therefore, to issue from the court rendering such judgment, and where the records of it remain. And it is according to the course of the common law of England, and the established practice of this state, and according to [221]*221the provision of its statutes, in all cases where they have specially provided for writs of scire facias, that should thus issue, and not from another court, or justice of the peace, as in the present case.

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Bluebook (online)

1 Kirby 220, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jarvis-v-rathburn-connsuperct-1787.