
    SUPREME COURT.
    The Catskill Bank agt. Sanford.
    By § 428 of the code, the writ of scire facias is abolished, and the remedies provided by §§ 283 and 284, substituted therefor. The saving clause in § 428 relates only to proceedings by scire facias commenced before the code took effect, whether judgment had been rendered thereon or not.
    
      Columbia Special Term, June, 1847.
    —The judgment was obtained in this action, in December, 1842. Sundry payments were made thereon leaving due, as the plaintiffs contend, on the 10th March, 1849, the sum of $368.50, with interest from that day.
    On the 4th May, 1849, the plaintiff’s attorney issued a writ of scire facias quare executionem non ; which the defendant, at the late special term in Columbia county, moved to set aside, on the ground that it is a remedy abolished by the code.
    M. Sanford, for the motion, cited code, §§ 283, 428.
    Robert Dorlon, contra.
    
   Willard, Justice.

The amended code took effect prior to the issuing of this scire facias, and must control the rights of the parties. By § 428 the writ of scire facias is abolished, and the remedies prescribed by the code, (§§ 283 and 284,) are substituted. The saving clause in § 428 relates only to proceedings by scire facias commenced before the code took effect, whether judgment had been rendered therein or not. The motion contemplated by § 284 renders a scire facias unnecessary, and is a more simple and less expensive remedy. I will set aside the scire facias for irregularity, but without costs and without prejudice.  