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61 Me. 564

Brown v. Joy

Supreme Judicial Court of Maine

Decided July 1, 1871

Supreme Judicial Court of Maine · decided 1871-07-01

<p>R. S., c. 88, § 25 construed.</p> <p>The R. S. of 1857, o. 83, § 18, identical witli R. S. of 1871, c. 83, § 25, provide for tlie issue, by a justice to whom the records of a deceased justice have been delivered, of an execution upon any judgment rendered by such deceased justice; but that “no such first execution shall issue after one year from the time the judgment was rendered, unless on scire facias. Held, that the words “such first execution” referred to the first execution issued by the magistrate with whom the records of the deceased justice were deposited, and not to the first execution issued on the judgment; and that the justice to whom the records of the deceased justice have been delivered, has no right to issue his first execution (unless on sdrefaeias) after one year from the time the judgment was rendered.</p>

Decided 1871-07-01

AppletoN, C. J.

¶1Provision is made by R. S., 1857, c. 83, § 17, for the transcribing the records of a deceased trial justice upon the records of another justice.

¶2*566By § 18, “ On such transcribed record, the justice may issue execution as if the judgment was rendered by himself, changing the form as the case requires; but no such first execution shall issue after one year from the time the judgment was rendered, unless on scirefacias.”

¶3The first execution referred to in the above section is the one to be issued by the transcribing justice, which must be done within “ one year from the time the judgment was rendered.” Unless issued within the year, he can only issue on scirefacias.

¶4The execution, upon which the bond in suit was given, was issued after one year from the time judgment was rendered and was improvidently issued, and in such case-, by the agreement of parties judgment is to be rendered for the defendants.

¶5 Judgment for defendants.

Cutting, Kent, Baeeows, and Daneoeth, JJ., concurred.
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