23 Iowa 81 | Iowa | 1867
Now, it is conceded that an execution might, under our statute, have issued on the first judgment (assuming its validity) at any time before it was barred by the statute of limitations, and that it would not be thus barred for twenty years from the date of its rendition, itev. §§ 2740, 3246.
The lien continues, however, but for ten years. § 4109. It is also conceded that the creditor might, by sci/re facias, preserve the lien of the judgment.
But if, instead of doing this, he prefers to take a new judgment, we know of nothing under the statutes of the State to prevent it. Whether he acquires any new rights thereby, or, if any, what, or whether he surrenders any, are questions not now before us. What control, if any, the courts have over the» question of costs, is also a question not now necessary to consider.
The defendants have a clear escape from what is appar
Reversed.