Owens v. Henry

Citations

• 161 U.S. 642
• 16 S. Ct. 693
• 40 L. Ed. 837
• 1896 U.S. LEXIS 2192

Syllabus

<p>In June, 1861, O. recovered judgment in a Pennsylvania court for the recovery of a sum of money against H. and F., both residents of that State. In 1865 H. removed to Louisiana, and became a citizen of that State and continued so until his death. In 1866 the judgment was revived by scire facias, process being served on 1?. only. In 1871 it was in like manner revived. In 1880 O. proceeded on the judgment against H. in the courts of Louisiana, where a judgment is barred by prescription in ten years from its rendition. Being compelled to elect upon which judgment he relied, he elected to stand upon the scire facias judgment of 1871. Held, that, viewed as a new judgment rendered as in an action of debt, the judgment had no binding force in Louisiana, as H. had not been served witli process or voluntarily appeared; and considered as in continuation ' of the prior action and a revival of the original judgment for purposes of execution, it operated merely to keep in force the local lien, and, for the same reason, it could not be availed of as removing the statutory bar of the lex fori.</p>