Person v. Valentine

Citations

• 21 Miss. 551

Syllabus

<p>It is a settled rule, that a defendant to a scire facias, to revive a judgment, cannot plead any matter which he might have pleaded to the original action, or which existed prior to the judgment; whether such judgment be obtained by confession, default, or upon plea.</p> <p>To a scire facias, therefore, to revive a judgment obtained by the Bank of Port Gibson, in favor of the trustees of the bank, a plea was adjudged had which set up that a judgment of forfeiture had been rendered against the bank, and, prior to the rendition of the júdgment sought to be revived, the hank had assigned the note sued on to certain persons as its assignees.</p>