Can a judgment creditor resue thereon or issue a writ of scire facias (that you cause to know)?
Saskatchewan, Canada
The following excerpt is from Stubbs v. Allen, 1933 CanLII 194 (SK QB):
Prior to this enactment a judgment creditor desiring to continue his judgment in force could resue thereon or issue a writ of scire facias (that you cause to know). It was an originating proceeding to be served as a writ of summons. “The practice provided in the Common Law Procedure Act 1852 was meant to be used instead of the proceeding by scire facias.” “It stood in the place of the old scire facias.” “The intention of the statute” was not “to introduce any new legal right, or to interfere with any legal right, but to provide a plain and simple method of practice for effecting that which had heretofore been effected by the rather clumsy old proceeding by scire facias.” See McCullough v. Sykes (1885) 11 P.R. 337, at 338.
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