A Treatise on the Writ of Scire Facias: With an Appendix of References to Forms (Classic Reprint)

Excerpt from A Treatise on the Writ of Scire Facias: With an Appendix of References to Forms

To facilitate references, a table of the statutes and cases cited is prefixed, in addition to the usual index to the volume.

In many branches of the subject, the author has had no guide other than the decisions scattered at large over the books; in some, he has had little to do but to use materials already compiled, which he could not improve; but, in all instances, he has faithfully cited his authorities, not wishing in any case to claim a credit which did not belong to him.

In some of the cases treated of in which the writ is re quired, as where it is necessary to revive a judgment pre sumed to be satisfied by lapse of time, it is rumoured that the Common Law Commissioners intend altering the practice, by extending the time during which a judgment may be put in execution, from one to six years, and by providing a different form of reviving the judgment, which is to be termed a writ of revivor, in the place of the present writ of scire facias. It is, however, impossible to predicate what changes may be contemplated; and, with the change proposed, most of the existing rules regarding the reviving of a judgment, expired by lapse of time, will probably be held to apply.

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