Reports of Cases Adjudged in the Supreme Court of Pennsylvania, Vol. 3
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Excerpt from Reports of Cases Adjudged in the Supreme Court of Pennsylvania, Vol. 3: With Notes Referring to Cases in the Subsequent Reports Keemle, for the purchaser, observed, that the object of the act of 4th of April, 1798, Purd. Dig. 420, (New Ed.) as declared in the preamble, was, to prevent the evil and inconvenience to purchasers of real estate, by suffering judgments to remain a lien for an indefinite length of time without process to continue or revive the same, the previous legislative provisions for that purpose having proved ineffectual. The indefinite continuance of the lien of judgments was the evil, and the remedy proposed, was process to continue or revive them. The act contemplates the same sort of process, namely a scire facias, both for the continuance and the revival of a judgment. If, therefore, the kind of process indicated has been resorted to for either purpose, the case is within the statute. In the first section provision is made for judgments then in existence. The second section, which embraces this case, relates to judgments thereafter to be entered, and declares that they shall continue a lien no longer than five years, unless within that period a scire facias be sued out to revive the same. All that is necessary, therefore, in order to revive a judgment, is to sue out a scire facias within the time prescribed. The very words of the statute require nothing more, where the object is merely to continue the lien. When it is to have execution, a judgment must be entered on the scire facias. When a scire facias is once issued, it is the same in effect as if it were issued every term, for it is continued from term to term. A scire facias is in the nature of an original action, and the defendant may plead to it. Commonwealth v. M´Kisson, 13 Serg. & Rawle, 148. If a plea be entered and the case goes on in regular course to trial, more than five years may elapse before judgment can be obtained: it certainly never could have been intended, that in such a case the lien should become extinct. The legislature did not mean, that at all events, judgment should be obtained within five years; all they did and all they could require, was, that a scire facias should be sued out that it might appear of record, that the judgment was not satisfied. To have required more would have been unjust, for whether a judgment can be obtained within five years must often depend on events, which the plaintiff cannot control. In Pennock v. Hart, 8 Serg. & Rawle, 380, the court said, that the entry of contingencies is so purely a matter of form, that they are never entered at all. In this we go beyond the English practice, which requires them to be actually entered, though they may be entered at any time. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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