Citation Numbers: 2 Hill & Den. 238
Judges: Cowen
Filed Date: 1/15/1842
Status: Precedential
Modified Date: 1/12/2023
By the Court,
The scire facias was not barred by the statute of limitations. (Fairbanks v. Wood, 17
The only remaining question is, whether the 2 R. S. 177, 2d ed. § 129, giving a scire facias in this case, applies to a judgment rendered before it passed.
Judgment reversed.
By the revised statutes it is enacted, that all actions upon judgments rendered in any court not being a court of record, shall be commenced within six years next after the cause of action accrued, and not after. (2 R. S. 2d ed. 224, § 18.) In Fairbanks v. Wood, (17 Wend. 329,) it was held, that this provision had no application whatever to justices’ judgments rendered before 1830, and hence, actions upon such judgments may yet be brought at any time within twenty years after their rendition. (See id. 330, per Nelson, Ch. J. and the cases there cited.)
The justices’ acts of 1818 and 1824, authorized the filing of transcripts and docketing of judgments to make them liens on real estate, but contained no provision for reviving them by scire facias or in any other manner. (See Laws of 1818, pp. 80, 81, § 9, and Laws of 1824, p. 290, § 20.)
See Butler v. Palmer, (1 Hill, 325.)