1 Wend. 19
Decided May 15, 1828
New York Supreme Court · decided 1828-05-15
Scire facias to revive a judgment. The sheriff returned that he had given notice to the defendant to appear according lo the exigence of the writ, by notifying the wife of the defendant, in the house of her husband, he being absent in parts unknown. On this return, a rule was entered that the defendant appear in four, and plead in twenty days, or judgment. A motion was now made to set aside this rule.
Cited by 2 later decisions (1 by the Supreme Court) — most recently May 1935
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1828-05-15
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¶1By the Court,
¶2The rule was irregularly entered. This was not a return of scire feci, which implies a personal service ; and though it might have been received as a return of nihil, authorizing the plaintiff to issue an alias and obtain a second return of nihil, he has not chosen so to consider it. The motion is granted, with costs.