92 Me. 49 | Me. | 1898
We think the issuance of this writ of error was premature. Such a writ is available only after final judgment when the only remaining step is execution. Stephen on Pleading, (Tyler’s Ed.,) 142; Tidd’s Practice, 1064; Wallace v. Middlebrook, 28 Conn. 464.
No final judgment for or against the plaintiff in error appears to have been rendered. In the proceedings described she was not summoned to answer to any claim of that plaintiff against her. Her default through non-appearance did not confess any such claim nor subject her to judgment therefor. The plaintiff in that suit obtained no judgment against her, but, as to her, only a judgment and execution against the defendant’s goods, effects or credits in
She has no occasion for a writ of error until after a judgment against her in a scire facias suit. That suit may not be brought, and if brought may not result in that judgment. Townsend v. Libbey, 70 Maine, 162; Cairns v. Whittemore, 88 Maine, 501; Crockett v. Drew, 5 Gray, 399.
Exceptions sustained.t