(Download) "Kolda v. National Ben Franklin Fire Ins." by Supreme Court of Minnesota # Book PDF Kindle ePub Free
eBook details
- Title: Kolda v. National Ben Franklin Fire Ins.
- Author : Supreme Court of Minnesota
- Release Date : January 27, 1935
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
RUGG, Chief Justice. This is a writ of scire facias brought against the defendant, who was adJudged a trustee in an action begun by the plaintiff by trustee process against one Blanche Kuzmuk as principal defendant. It is brought pursuant to G. L. (Ter. Ed.) c. 246, 45, to secure judgment and execution against the defendant, who has not paid upon demand the execution issued in the original action. Such a scire facias is not an independent civil action but a judicial writ to enforce the judgment previously rendered. The original action and the writ of scire facias are part of one continued and connected course of proceedings. Universal Optical Corporation v. Globe Optical Co., 228 Mass. 84, 85, 116 N.E. 491, 492; Barringer v. Northridge, 266 Mass. 315, 318, 165 N.E. 400.