Jones v. George ex rel. Thawley

Bryan, J., delivered the opinion of the Court. A judgment was rendered for one hundred and forty-nine dollars and eighty-nine cents and cost, in favor of Matthias George against Joseph Jones and Thomas E. Meeds, in the Circuit Court for Queen Anne’s County, on the third day of May, eighteen hundred and sixty-nine. George was styled “M." George in the writ, and Matthias George in the declaration. On the twenty-sixth of November, eighteen hundred and sixty-nine, a fieri facias was issued on the judgment which was levied on certain personal property of the defendant, Meeds; and ’ on the twenty-third of May, eighteen hundred and seventy, the sheriff made return of-the writ as follows: “Goods and chattels taken as per schedule, and on hand by order of plaintiff.” So far as the record shows,, no further steps have been taken under the fieri facias.

On the second day of April, eighteen hundred and seventy-four, the plaintiff executed and filed in Court ²⁹⁶ a paper which purported to be an assignment of the judgment to Andrew J. Thawley. On the twentieth of January, eighteen hundred and eighty-seven, a writ of scire facias was issued to revive the judgment, and after two returns of nihil, judgment of fiat executio was in due course rendered on the fifth of May, eighteen hundred and eighty-seven. A writ of fieri facias was issued to the Sheriff of Caroline County. A motion to quash the writ was made by the defendant, Jones, and being overruled by the Court, this appeal was taken.

It is maintained by the appellant, that the original judgment was void, because it was rendered in favor of “M.” George, and therefore did not identify the plaintiff with precision ; also, that the scire facias judgment was void, on account of the invalidity of the original judgment; also, because of the unexecuted fieri facias already mentioned ; also, because the original judgment had been paid; also, because the assignment was not for the whole judgment as an entirety; also, because there was not an inquiry of damages to ascertain the amount due on the original judgment ; and also because the scire facias was issued after the lapse of more than seventeen years from the time the original judgment was due and payable. It was also alleged, that the scire facias judgment is void, because there was no notice to the defendants, and that they were prevented from having notice by the fact that John B. Brown, Esq.,-one of their attorneys in the original case, was one of the attorneys in the scire facias for the plaintiff. It is but just to say that the counsel for the appellant makes no imputation against Mr. Brown, and concedes that his action was entirely free from any improper motive or purpose. Mr. Brown testifies that when the scire facias was ordered, that he had no idea- or recollection that he had ever had any connection with the case at any time; that there was no trial of the case, and that the probabilities are that he and the other attorney for the defendants (who is now deceased) were assigned under the rules which then prevailed.

The record shows ²⁹⁷ that there was no contest in the case, and that judgment by default was rendered for failure to plead. . Mr. Brown also contends that whatever connection he had with defendants was terminated when the final judgment was rendered in the original case. The evidence clearly shows that-both of the defendants were perfectly well aware of its rendition. The Circuit Court for Queen Anne’s County is a Court of general jurisdiction.

It had jurisdiction of the cause', and of the parties when the original judgment was rendered,- and therefore it cannot be void. If there was error or irregularity in the proceedings, they might have been set aside on application to that Court, or by appeal to this Court, provided the proper steps had been taken in due time. The scire facias judgment was rendered in the regular course of the Court, and according to established practice. The remedies for any errors supposed to exist are the same as in the case of the original judgment.

The objections to these judgments, made by the appellant, cannot be heard and decided on the motion to quash the fieri facias. This is the settled law. We need refer only to a decision" made on a motion to quash a writ of venditioni exponas, issued under a judgment on a scire facias which revived the original judgment. In Hall v. Clagett, 63 Maryland, 59 , it was said: “A motion to quash an execution does not open an inquiry into supposed errors or irregularities involved in the rendition of the judgment; if there be such errors or irregularities they must be corrected by the proper proceeding for so