Chester &c. R. R. v. Marshall

Citations

• 40 S.C. 59
• 18 S.E. 247
• 1893 S.C. LEXIS 14

Syllabus

<p>1. Revival op Judgments — Governing Statute. — The lien of a judgment _ obtained in 1819 is governed by the act of 1813 (15 Stat., 498), then of force, and, therefore, could be revived at any time within thirteen years of its original entry.</p> <p>2. Ibid. — Executor op Debtor. — under the statute authorizing proceedings to revive a judgment by service of a summons on the “debtor, as provided by law,” and the renewal of an execution by the service of a summons on the “judgment debtor, his heirs, executors, or administrators,” a judgment may be revived under summons to show cause issued to, and served upon, the executor of the judgment debtor, then deceased, the word “debtor” as first used being a generic term and inclusive of a debtor in his representative capacity.</p>