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Samuel W. McCaulley and J. Augustus McCaulley, Executors of William McCaulley vs. William N. Ward and Robert D. Morse

Delaware Superior Court1896-02
2 Marv. 18316 Del. 183

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

Per Curiam.

Usury would be a matter of defence to the judgment, the scire facias being simply that execution may issue. Usury cannot be pleaded and is, therefore, no defence to a scire acias upon a judgment.