¶1Where an execution is discharged or indorsed by mistake or accident, the party’s remedy is by application to the same court, by scire facias or by motion, as the case may be, for an alias execution; and the court if upon examination they find it to be right and just, will grant an alias execution, but no new judgment is entered for damages or cost.
1 Root 453
Langdon v. Langdon
Decided August 15, 1792
Supreme Court of Connecticut · decided 1792-08-15
EkeoR to reverse a judgment of the County Court, on a scire facias, brought by said Ezekiel against said James, complaining that he had an execution against said James for £15 lawful money debt and £2 11s. 8d. cost, issued on a judgment ■of the County Court; that he delivered it to Reed, a constable, who levied said execution on certain articles of household furniture, necessary for upholding life, and which by law were exempted from being taken in! execution — which…
Decided 1792-08-15