800 COURTS. [ART. 26
tiff might have had if no such death had taken place; and in the case
of the marriage of a female plaintiff in any such judgment or decree,
she may suggest in writing her said marriage, and have execution or
attachment thereon, in her new name acquired by such marriage; and
in case of the death or marriage of any of the defendants in any judg-
ment or decree herein mentioned, the plaintiff in any such judgment
or decree shall, at any time within twelve years from the date of the
judgment or decree, upon a suggestion supported by affidavit of the
death or marriage oi any of said defendants, be entitled to have an
execution or attachment issued against the defendant still alive, and
such execution or attachment may be laid on any goods, chattels, lands
and tenements of any of said remaining defendants; provided, that at
any time before the expiration of twelve years from the date of any
such judgment or decree, or in case of the death or marriage of any
defendant in the judgment, the plaintiff shall have the right to have a
writ of scire facias to renew or revive the same, and on judgments of
justices of the peace duly recorded in the clerk's office, such writ of
scire facias .may be issued out of the superior court of Baltimore city,
or the circuit court for the county, as the case may be, as if said judg-
ment had been originally rendered by said court, and on all such judg-
ments or decrees the plaintiff may have more than one attachment or
execution to be laid in the hands of different persons, or levied on other
property or effects than that taken under the first, though the first be
still outstanding; provided, that but one satisfaction of the debt or
demand shall be made, and that it shall be in the discretion of the court
in all such cases, whether any costs, and if any, what amount of costs
shall be allowed on the subsequent attachments or other executions; the
provisions of this section shall apply also to attachments or executions
directed to a county different from that where the judgment or decree
was rendered, or to or from the city of Baltimore.
Judgments of justices of the peace.
This section referred to as giving authority to the circuit court to issue
execution upon recorded Judgments of justices of the peace. Union Natl.
Bank v. Shriver, 68 Md. 437.
A Judgment of a Justice of the peace is not a judgment within the mean-
Ing of the act of 1874, ch. 320. Weikel v. Cate, 58 Md. 110.
As to execution on judgments of Justices of the peace, see art. 52, section
56, et seq.
Generally.
A Judgment can not be revived by sci. fa. after the lapse of twelve years.
An outstanding execution does not prevent the bar of the statute, unless it
is renewed from term to term. Johnson v. Hines, 61 Md. 128. See also,
Mullikin v. Duvall, 7 G. & J. 355
The lien of a Judgment which has lapsed, can not be revived so as to over-
reach an intervening lien. Post v. Mackall, 3 Bl. 518. See also, Hodges v.
Sevier, 4 Md. Ch. 382.
It is a general principle that where a new person is benefited or charged
by the execution of a Judgment, there ought to be a sci. fa. to make him a
party; qualification of this principle. Hanson v. Barnes, 3 G. & J. 359.
Neither the act of 1874, ch. 320, nor the prior acts comprising this section,
deal directly with the writ of scire facias; there is nothing in the act of
1874, ch. 320, to prevent the Judgment creditor from resorting to a scire
|
![clear space](../../../images/clear.gif) |