George Shiras, Jr.

“ In dismissing the appellant's bill of complaint and sustaining the cross bills, the supreme court of the District evidently proceeded on the view that it was competent for the circuit court to render judgment of 'fiat executio' on the return of 'Nihil' to two successive writs of scire facias on the original judgment. That a return of two nihils is equivalent to a service has been a rule of practice of long standing in England and in most of the states of this Union. ”

“ The writ of scire facias quare executio non is defined to be a writ issued out of the court wherein a judgment has been entered, reciting such judgment, suggesting the grounds requisite to entitle plaintiff to execution, and requiring the defendant to make known the reason, if any there be, why such execution should not issue. Bringham, Ex'ns, 123; 1 Freem. Ex'ns § 81.
'On the return day of the writ the sheriff either returns 'Scire feci' (that is, that he has warned the party) , or 'Nihil' (that is, that the party has nothing by which he can warn him) . ”

“ If, then, the original judgment was regularly obtained, was duly revived by lawful proceedings, and is now made payable, by the decree of the court below, to the party legally entitled to receive the same, no reason is presented by this record why this court should disturb that decree. Equity refuses to relieve from a judgment unless substantial merits are shown. ”