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SCOTCH PEERS Definition & Legal Meaning

Definition & Citations:

requiring the person against whom it is brought to show cause why the party bringing it should not have advantage of such record, or (in the case of a scire facias to repeal letters patent) why the record should not be annulled and vacated. 2 Archb. Pr. K. R. SO; Pub. St. Mass. p. 1295. The most common application of this writ is as a process to revive a judgment, after the lapse of a certain time, or on a change of parties, or otherwise to have execution of the judgment, in which cases it is merely a continuation of the original action. It is used more rarely as a mode of proceeding against special bail on their recognizance, and as a means of repealing letters patent, in which cases it is an original proceeding. 2 Archb. Pr. K. B. SO. And see Ivuapp v. Thomas, 39 Ohio St. 3S3, 48 Am. Rep. 402; Walker v. Wells, 17 Ga. 551, 03 Am. Dec. 252; Chestnut v. Chestnut, 77 111. 349; Lyon v. Ford, 20 D. C. 535; State Treasurer v. Foster, 7 Vt. 53; Lafayette County v. Won- derly, 92 Fed. 314. 34 C. C. A. 300; Hadaway v. Hyuson, 89 Md. 305, 43 Atl. 800.


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