Johnson v. Glover

U.S. Circuit Court for the District of District of Columbia

Johnson v. Glover

13 F. Cas. 744, 2 Cranch 678

U.S. Circuit Court for the District of District of Columbia·Decided May 15, 1826·No. Case No. 7,385·Published

Opinion

THE COURT,

therefore (THRUSTON, Circuit Judge, absent),

said: That where an execution has been issued within the year and day, and shall have been returned by the marshal, it is not necessary to renew the execution, from year to year, to keep alive the judgment, but the plaintiff may have a new execution at any time without a scire facias. But where an execution is ordered to be made out and lie in the clerk’s office, and shall not have been delivered to the marshal, and returned, the order for the renewal of the execution must be made within the year and day after the last order for renewal; or the judgment must be revived by scire facias.

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THE COURT,

therefore (THRUSTON, Circuit Judge, absent),

said: That where an execution has been issued within the year and day, and shall have been returned by the marshal, it is not necessary to renew the execution, from year to year, to keep alive the judgment, but the plaintiff may have a new execution at any time without a scire facias. But where an execution is ordered to be made out and lie in the clerk’s office, and shall not have been delivered to the marshal, and returned, the order for the renewal of the execution must be made within the year and day after the last order for renewal; or the judgment must be revived by scire facias.

Johnson v. Glover, 13 F. Cas. 744, 2 Cranch 678 (circtddc 1826).

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