¶1The plaintiff cannot have execution against Mr. Heard personally. He should have attended to the entering up his judgment in the original suit. That judgment was against the effects of the bankrupt in the hands of his assignee. It might have been entered for the costs against the assignee himself. We do not inquire whether the plaintiff is equitably entitled to these costs against the defendant. He has brought his scire facias to have execution of a judgment, which was rendered against the effects of the bankrupt. To this writ the defendant has pleaded that he has no effects. He is not estopped to plead this; and therefore let judgment be entered that the defendant’s plea in bar is good
9 Mass. 489
Amblard v. Heard
Massachusetts Supreme Judicial Court
Decided March 15, 1813
Massachusetts Supreme Judicial Court · decided 1813-03-15
This was a writ of scire facias, brought to recover the costs of an action heretofore prosecuted by Mr. Heard, in his said capacity, against the now plaintiff. The former action was referred, together with all demands between the parties, by a rule of the court, to certain referees, who awarded to Amblard a small sum as debt or damage, and the costs of reference and of court.
Decided 1813-03-15