My old edition of Black's Law Dictionary describes a writ of scire facias as
a judicial order "requiring the person against whom it is brought to show
cause why the party bringing it should not have the advantage of such
record. . . . The most common application of this writ is as a process to
revive a judgment, after the lapse of a certain time, or on a change of
parties, or otherwise to have execution of the judgment, in which cases it
is merely a continuation of the original action. . . ."

It was a pretty common writ in cases involving debt and property.

On first glance, it looks to me as if Kercheville had once owed something to
the Buckners, but the sheriff could not find any property in the county to
satisfy the debt.

Brent Tarter (not a lawyer)
The Library of Virginia
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-----Original Message-----
From: Diana Bennett [mailto:[log in to unmask]]
Sent: 16 August, 2001 10:19 AM
To: [log in to unmask]
Subject: SCIREFACIAS in 1755


Can anyone tell me what the following court case is about????

"1755, November 28th: Mary Buckner, &c. Executors of Thomas Buckner,
deced., Plts., agt Samuel Kercheville, Deft. On a Scirefacias. The
Sheriff having returned that Deft. Hath nothing in his bailiwick whereby
he could cause him to know nor is he found within the same, therefore it
is ordered on motion of Plts. by their Attorney that an alias
scirefacias be awarded them against Deft. Returnable to next Court."

Thanks, Diana Bennett

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