Salmon v. Yates

1 H. & J. 488

Opinion

Chase, Ch. J.

The act of October 1778, ch. 21, s. 7, is very plain and explicit, that the stay of execution must be entered on the docket at the time the judgment is entered, in order to warrant an execution being issued thereon, without a scire facias, after a year and a day have expired. In this case the stays not having been so entered, the executions could not legally issue, and therefore the court quash the writs of fieri facias and returns, with costs,