M'Gill v. Perrigo

Decided August 15, 1812

New York Supreme Court · decided 1812-08-15

INGALLS, for the defendants, moved to change the venue in this cause, which was a scire facias on a judgment, from Albany to Washington county, where the venue in the original action was

Cited by 3 later decisions — most recently February 1899

1 federal appellate · 2 state decisions

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Decided 1812-08-15

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Per Curiam.

¶1A scire facias to revive a judgment is a continuation of a former suit; and the venue ought to be laid in the county in which it was laid in the original action. The English practice is decisive. (Chitty's Plead. 272. Tidd’s Prac. 1035. Hob. 4. Yelv. 218. Cro. Jac. 231.)

¶2Rule granted.