Warren County MsArchives Court.....Reeves, Mr 1839
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Deb Haines ddhaines@gmail.com December 7, 2005, 11:39 pm

Source: Reports Of Cases Argued And Determined In The High Court Of Errors And Appeals Of The State Of Mississippi
Written: 1839

Reeves verses Burnham.

Pages 25-26

Where more than a year and a day has elapsed after renditions of the judgment, 
and no steps have been taken to enforce it, the judgment must be revived by 
scire facias; and an execution issued after the lapse of that period, without 
a revival of the judgment by scire facias, is irregular, and will be quashed 
on motion. 

Judgments on forfeited forthcoming bonds are regarded in the same light as 
judgments obtained in the ordinary mode of proceeding. 

Error from the circuit court of Warren County. 

Guion and Prentiss, for plaintiff in error. 

Harrison, contra. 

Mr. Justice Trotter delivered the opinion of the court. 

This is a writ of error to the circuit court of Warren County. The record 
shows that at the November term of the circuit court of that county, and on 
the 4th day of November, 1830, the plaintiff recovered a judgment against the 
defendant for the sum of 272 dollars, and 16 cents. That, afterwards, on the 
19th day of February, 1835, and execution was sued out on this judgment 
returnable to the May term following. At the return term of the execution a 
motion was made by the defendants to quash it to, which was sustained by the 
court. 

The judgment of the court on this motion is the error assigned. The period of 
a year and a day had elapsed after the rendition of the judgment, before any 
step was taken by the plaintiff to enforce it. The fieri facias was the first 
and only process issued. More than four years had expired, and the judgment 
was presumed to be satisfied. The plaintiff was therefore bound to revive it 
in the ordinary way by a scire facias. the execution was irregular, in the 
court below did right in setting it aside. 

It is no answer to this conclusion that judgment was rendered upon the 
forfeiture of a forthcoming bond taken in satisfaction of a prior judgment; 
the court could not look behind the judgment on the bond. It was a 
satisfaction of the original judgment and is to be regarded in the same light 
as judgments obtained in the ordinary mode of proceedings in courts of justice.

The judgment of the circuit court must, therefore, be affirmed and cause 
dismissed.


Source: Reports of Cases Argued and Determined in the High Court of Errors and 
Appeals of the State of Mississippi, by Volney E. Howard, Reporter to the 
State; Vol. III; Containing the Cases for December Term, 1838, and January 
Term, 1839. NEW ORLEANS: E. JOHNS & CO., STATIONERS’ HALL, 1839.



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