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Reports of Cases Argued and Determined in the Supreme Court of the State of Montana (Volume 10)

Reports of Cases Argued and Determined in the Supreme Court of the State of Montana (Volume 10)


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1891. Excerpt: ... by the respondent, and held by the District Court? or is the appellant's position correct, that not only may execution issue as of course within five years, and by motion in the sixth year, but also, upon motion, under section 349, at any time after six years? If appellant's construction of the statutes be correct, then a judgment becoming dormant at the end of the fifth year may, after that time, and also for all time in the future, be vitalized sufficiently to support an execution by motion; that is to say, that even after six years the judgment only sleeps, but lives forever. Appellant's position is based upon the ancient doctrine of scire facias to revive a judgment. But that writ is abolished. The remedy formerly obtained thereby is now provided by the statutes heretofore cited, and the rights of the judgment creditor must be ascertained by a construction of these statutes, rather than by the anthority or reason of the cases decided under the practice of scire facias. Appellant calls our attention to the fact that when section 349 was enacted, on February 13, 1874, the limitation of section 312 was five years, and that section 349 was meaningless at the date of its enactment, unless it intended that execution might be obtained by motion even after the expiration of its life, as limited by section 312, which was then five years. Then he argues that such intent being granted, that when section 312 was made to read "six years," in 1877, the original intent of section 349, to the effect that execution might be obtained by motion after the expiration of the apparent five years' life of the judgment, should also be applied to the effect that execution might be obtained after the expiration of this newly created six years' life. For the purposes of this dec...


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Product Details
  • ISBN-13: 9781150089787
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 236
  • Spine Width: 13 mm
  • Width: 189 mm
  • ISBN-10: 1150089784
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 426 gr


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Reports of Cases Argued and Determined in the Supreme Court of the State of Montana (Volume 10)
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