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7 Ark. 133

Evans v. White

Supreme Court of Arkansas

Decided July 15, 1851

Supreme Court of Arkansas · decided 1851-07-15

<p>The statute of limitation is not a good plea to a scire facias to revive a judgment. Brown, Robb Co. vs. Byrd, 5 Eng. R. 534.</p>

Cited by 1 later decisions — most recently March 1922

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1851-07-15

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Mr. Justice Walker

¶1delivered tbe opinion of the Court.

¶2In this case a scire facias issued to revive a judgment. The defendants plead the statute bar of limitation of five years. A motion was made to strike the plea from the files as interposing no defence to the action. The motion should have been sustained. The plea is no bar'to an action of sci.fa. Brown, Robb & Co. v. Byrd, 5 Eng. 534.

¶3Let the judgment be reversed with costs, and the cause remanded to be proceeded in according to law.

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