18 Iowa 529 | Iowa | 1865
The case differs in some of its facts from Denegre v. Haun, 13 Iowa, 240, and yet the rules there recognized and the reasoning used are not inapplicable in this. It is there said that a scire facias to revive a judgment is only a continuation of the former suit, and is not an original proceeding; that thereunder the court is to order that execution issue on the original judgment, and for costs,-, and cannot render judgment for the amount of the original debt and interest and costs thereon. Citing 2 Tidd, 933; Woolster v. Gale et al., 4 Halst.; Vredenberg v. Snyder, 6 Iowa, 39.
Under the petition of May 7th, 1856, and the answer-thereto, we think the court could properly have ordered an execution on the original j udgment, and continued in-life the lien created thereby. This was doubtless the aim and object of the proceeding. But if the judgment creditors were not content with this, they might (though perhaps not very regularly) take a judgment as in an action of debt, and pursue their remedy thereunder. In electing to pursue the latter course, it will be observed that they would obtain a new judgment for the' whole debt, with interest calculated to the date of the new recovery, and thereby be entitled to afterwards receive interest on the aggregate amount. On the other hand, if they did not take a new judgment, they would lose the advantage of thus accumulating the interest, but would retain their lien. Now, which did they elect to do? This we are to determine from the face of the judgment itself. And it seems to us that it must be treated as a new judgment, and not one simply reviving the former recovery. The entry is anomalous, but this is its essence and substance. It has