
    Lansing against Lyons.
    A scire facias cannot be issued to revive a judgment of more than fen years9 standing, without a previous affidavit of the judgment’s being unsatisfied.
    And after a scii'e facias Tnd returned without affidavit, the to allow it to be filed nunc pro tunc; but quashed the
    A JUDGMENT was entered up in this cause, in December, 1798, by virtue of a warrant of attorney. An execution was issued on which nothing was done; and in March, 1799, the defendant paid 26 dollars and 62 cents to the plaintiff; leaving the residue unpaid. In October, 1811, the plaintiff sued out a scire facias to revive the judgment, returnable the 1.7th of August last, which was duly served, and returned scire feci, by the sheriff. The defendant afterwards admitted there was a balance due on the judgment which remained unsatisfied.
    
      Van Vechten, for the plaintiff, now moved for leave to file an containing the facts above stated, nunc pro tunc, as of August term last, or that the plaintiff have leave to issue an alias ñ.fa. on the judgment, without reviving the same by scire facias.
    
    E. M. Livingston, contra, objected that the judgment being of more than ten years’ standing, the scire facias could not issue with an affidavit previously filed, that the judgment remained unsatisfied, and that the proceedings were, therefore,irregular.
    
    
      
      
        Tidd’s K.B. Pr. 1007.
      
    
   Per Curiam.

The scire facias must be quashed for irregularity. But the plaintiff may, on paying the costs and filing the affidavit which has been read, take out a new scire facias, without further notice to the court.  