Register v. Layman

Decided July 1, 1851

Superior Court of Delaware · decided 1851-07-01

Scire Facias on a recognizance entered into on taking out a writ of certiorari to a justice’s judgment. The pleas were performance and payment. Mr. Giuthrie gave in evidence the recognizance, and the decision of the court affirming the judgment on certiorari. - Mr. Rogers made the question whether a scire facias could issue in such a case as this. There has been no practice such as this; no case in which the question has been made.

Decided 1851-07-01

The Court

¶1held the scire facias to be a legal and proper remedy in the case. It is founded on a recognizance taken in this court, which is a record of this court, and the act of assembly, (Dig. 217,) gives this form of remedy to execute recognizances generally.

¶2Verdict for plaintiff.