Johnson v. Parmely

New York Supreme Court

Johnson v. Parmely

17 Johns. 271

Procedural entryThis page is a short order in Johnson v. Parmely. Read the opinion of the Court — 17 Johns. 129 →

New York Supreme Court·Decided January 15, 1820·Published

Opinion

Per Curiara.

It is a settled principle, that wherever there is a change of parties, by marriage, bankruptcy, or death, whereby other persons become interested in the execution of the judgment, a scire facias is necessary so as to make such new person a party to the judgment. (Tidd’s Practice, 1021.) Here the husband will be benefited by the execution of the judgment, and has, by the marriage, acquired an interest in it The execution must be set aside for irregularity, with costs.

Rule accordingly.

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Per Curiara.

It is a settled principle, that wherever there is a change of parties, by marriage, bankruptcy, or death, whereby other persons become interested in the execution of the judgment, a scire facias is necessary so as to make such new person a party to the judgment. (Tidd’s Practice, 1021.) Here the husband will be benefited by the execution of the judgment, and has, by the marriage, acquired an interest in it The execution must be set aside for irregularity, with costs.

Rule accordingly.

Johnson v. Parmely, 17 Johns. 271 (N.Y. Super. Ct. 1820).

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