Revival

Of Contracts. An agreement to renew the legal obligation of a just debt after it has been barred by the act of limitation or lapse of time is called its "revival." Of Judgment. At common law, the act by which a judgment which has lain dormant or without any action upon it for a year and a day is again restored to its original force. When a judgment is more than a day and a year old, no execution can issue upon it at common law; but till it has been paid, or the presumption arises from lapse of time that it has been satisfied, it may be revived and have all its original force, which was merely suspended. This may be done by a scire facias, or an action of debt on the judgment. See "Scire Facias." Where the common-law rule is not in force, the bringing of suit on a judgment to prevent the bar of the statute of limitations is termed "revival." ——Of Action. The continuation of an action which has abated by the death or disability of a party, or a transfer of the cause of action. At common law, this was effected by a bill in equity (see "Bill of Revivor"), but in most of the states, a proceeding on application to the court in which the action was pending has been substituted.