# Brown v. Joy

> Supreme Judicial Court of Maine · July 1, 1871 · 61 Me. 564

URL: https://www.frixlaw.com/law-library/cases/4932434

## Case

- **Full name:** John J. Brown v. Levi Joy and others
- **Court:** Supreme Judicial Court of Maine
- **Decided:** July 1, 1871
- **Citations:** 61 Me. 564
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Appleton
- **Judges:** Appleton, Baeeows, Cutting, Daneoeth, Kent
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4932434

## Opinion text

AppletoN, C. J.
Provision is made by R. S., 1857, c. 83, § 17, for the transcribing the records of a deceased trial justice upon the records of another justice.
*566 By § 18, “ On such transcribed record, the justice may issue execution as if the judgment was rendered by himself, changing the form as the case requires; but no such first execution shall issue after one year from the time the judgment was rendered, unless on scirefacias.”
The first execution referred to in the above section is the one to be issued by the transcribing justice, which must be done within “ one year from the time the judgment was rendered.” Unless issued within the year, he can only issue on scirefacias.
The execution, upon which the bond in suit was given, was issued after one year from the time judgment was rendered and was improvidently issued, and in such case-, by the agreement of parties judgment is to be rendered for the defendants.
Judgment for defendants.
Cutting, Kent, Baeeows, and Daneoeth, JJ., concurred.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4932434. Public record. Not legal advice.