Irwin v. Henderson

Decided April 15, 1819

This was a chancery attachment, to recover the amount of a judgment at law obtained by the plaintiff against the defendant in .the year 1805, for $901.83, with interest from the 26th of May, 1804 and costs. The present suit was commenced on the 20th of November, 1816. The defendant, Henderson, was discharged under the insolvent act in 1806. The bill states that he had since acquired property sufficient to pay the debt, which was in the hands of the defendant, Sanderson. .

Decided 1819-04-15

The Court,

¶1however,

(Thruston, J., absent,)

¶2was of opinion, that by demurring to the plea, the plaintiff had waived his right to move to strike out the plea for that cause; but gave no opinion whether it would have been good cause for striking out the plea if the motion had been made before the demurrer.

¶3The Court gave judgment for the plaintiff upon the demurrer, being of opinion that where an execution has been returned, there is no limitation to the revival of the judgment.