Jones v. George ex rel. Thawley

Citations

• 80 Md. 294
• 30 A. 635
• 1894 Md. LEXIS 115

Syllabus

<p>Motion to Quash Execution — Scire Facias on Judgment — Limitations—■ Payment.</p> <p>The remedy for any errors or irregularities in a scire facias, reviving a judgment, is the same as in the case of the original judgment.</p> <p>The right to issue a scire facias on a judgment may be barred by limi- ■ tations, but the statute must be specially pleaded.</p> <p>Seventeen years after a judgment was rendered in the Circuit Court of ■ Queen Anne’s county, and after the defendant had removed from that - county, a scire facias was' issued reviving the judgment, and a fieri facias issued to the county of the defendant’s residence. Defendant had no notice of the scire facias until after the execution was issued ■ and then moved to quash the writ for several reasons, one of which was that the original judgment had been paid. Held, .</p> <p>1st. That the defendant was entitled to have an opportunity to plead the Statute of Limitations to the original judgment.</p> <p>2nd. That the execution should not be quashed on the motion, but a suspension of proceedings under it for a reasonable time should.be ordered, so as to allow the defendant to move in the Circuit Court for Queen Anne’s county to strike out the judgment of-fiat, and for leave to plead to the scire facias.</p>