1 N.C. 69
Superior Court of North Carolina
Decided November 15, 1799
Superior Court of North Carolina · decided 1799-11-15
SCIRE facias to revive a judgment. Plea, that the defendant had formerly been arrested on a Ca: Sa: for the same debt. Demurrer and joinder. The plea relied upon by the defendant, furnishes no legal objection to the present mode of proceeding. It may be true, and yet the plaintiff be entitled to another execution for his debt.
Good law ✅— No negative treatment on recordhow we know
Decided 1799-11-15
Cited by 3 later decisions — most recently September 1896
3 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1Unless the manner in which a defendant came out of custody, be stated in a plea of this kind, it is to be presumed that he obtained his discharge by some of those means which still leave the judgment in full force. He may have escaped, or the officer who took him may have suffered him to go at large, in neither of which cases would the plaintiff lose the benefit of his execution. The cases cited are conclusive.
¶2Judgment for the Plaintiff.