Dewey

Mr. Justice Terry concurred.

Section 204 of the Practice Act provides, that immediately after filing the judgment roll, the clerk shall make the proper entries of the judgment, and from the time it is docketed it shall be a lien for two years.

In this case, the plaintiff appealed upon the rendition of the judgment in the Court below, and the single question is presented, whether, *134 in such cases, the statute commences running from the docketing of the judgment in the Court below, or from the date of the remittitur from this Court.

The first reading of the Act would seem to be conclusive in favor of the appellant, but when we come to examine the legal solecism of allowing a party, by his own motion, thus to defeat the remedy which the law has given the creditor, and' to destroy the security furnished, which must inevitably result, if the construction contended for be sustained, we are necessarily put upon inquiry as to the intention of the Legislature and the possibility of escape from any such absurd consequences.

The obvious intention was to charge the estate of the judgment debtor, and to give the creditor two years to make his money. The statute intended that this time…