
    COWAN v. SHIELDS.
    Where execution has issued within a year and a day, another may issue without a scifa.
    Scire Facias.—Trimble for the defendant, moved to quash the writ upon two grounds,
    1st. It appears by the return of a fi. fa. that the judgment has been satisfied, and consequently there is no judgment to authorise the writ.
    2nd. Admitting it was not the case, an execution may issue upon the judgment, one having been taken out within a year and a day. 2 Sellons Pratice 277, Tidd’s Practice 1004.
    Wilkerson. e contra,
    cited Morgan’s attorneys vade mecum 104. The sci. fa. lies, and if the party means to shew payment, he must plead it.
    Though execution issue; if it be not continued on the roll, but lies still a year and a day, a sci. fa. is necessary.
   Per Curiam.

—Capmbell & Overton, Judges (Judge White, absent.)

A judgment which appears of record satisfied. cannot be the ground of a sci. fa. The defendant’s motion is proper.

Where execution has issued within a year and a day, another may issue afterwards, without a sci. fa. and the continuances may be entered at any time, not being essential.

Let the writ be quashed. 
      
       See 2 Wil. 82 Comb. 346 7 Mod. 50 2 Ld. Ray. 800 Hardins Rep. 521 6 John 105.
     