Collin County Nat. Bank of McKinney v. Hughes

Citations

• 152 F. 414
• 81 C.C.A. 556
• 1907 U.S. App. LEXIS 4293

Syllabus

<p>1. Courts — United States Courts — Jurisdiction—Powers of State Legislatures.</p> <p>The jurisdiction of a federal court over the subject-matter of and the parties to a judgment includes the power to enforce it, continues until it is satisfied, and may not be destroyed or impaired by the legislation of the states.</p> <p>2. Judgment — Revival—Scire Facias — Nature of Proceeding.</p> <p>A proceeding by scire facias to revive a personal judgment is a mere continuance of the action which resulted in the judgment, a supplementary remedy to aid in the collection of the debt. It is not an original or an independent suit or proceeding.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 30, Judgment, § 1613.]</p> <p>3. Courts — United States Courts — Jurisdiction—Scire Facias to Revive Judgment — Adoption of Practice of State Courts.</p> <p>The power to issue writs of scire facias to revive judgments granted to the national courts by the fourteenth section of the judiciary act of 1789 (Act Sept. 24, 1789, c. 20,1 Stat. 81) includes the power to prescribe the methods of their service and to cause them to be served either within or without the districts in which the courts sit.</p> <p>While the national courts may follow the methods of service prescribed by the states for similar writs issued by the state courts, the national courts are not restricted to those methods, but may prescribe their own ways and cause them to be followed according to the course of the common law.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 13, Courts, § 917.]</p> <p>4. Writ of Error — Decisions Reviewable — Final Decision — Quashing Service of Writ of Scire Facias.</p> <p>An order which quashes the service of a writ of scire facias by publication, without determining that the writ may not be otherwise served, and without dismissing the action, is not a final decision, and is not reviewable by writ of error.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 2, Ap