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A New Abridgment of the Law with Large Additions and Corrections (Volume 3)

A New Abridgment of the Law with Large Additions and Corrections (Volume 3)


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Book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1846. Excerpt: ... (A) Of the Nature of Execution, &c. (N) Of the Sheriff's Authority in doing Execution: And herein of breaking Doors, &c. (O) Of the Offence of hindering or obstructing an Execution. (P) Of the Party's Remedy when there hath been an irregular Execution, and how the same is to be set aside. (Q) To what he shall be restored when such erroneous Execution is set aside. (A) Of the Nature of Execution, and what Things were liable thereto by the Common Law. Execution is the obtaining actual possession of a thing recovered by judgment of law, and (a) is called the life of the law, and therefore in ail cases to be favoured. Uo. Litt. 154 a; Carter, 194. The execution must conform substantially with the Judgment, but it is not essential that the utmost possible strictness should be observed in reciting the judgment. Graham v. Price, 3 Marsh. 522.# (a) Executio at fructwt, finis et effectus tegis, Co. Litt. 289; 5 Co. 87. The act of carrying into effect the final j udgment of a court, or other jurisdiction, is called the execution of the judgment. The writ which authorizes the officer to carry into effect the same judgment bears the same name. Bouv. L. D. h. Ug--It differs from an action, which continues only till judgment is given, and therefore a release of all actions i9 regularly no bar of an execution. Co. Litt. 269; 2 Roll. Abr. 404. The rule that the remedy for the breach of a contract is to be governed by the lex fori, without regard to the lex loci contractus, is applicable to the form of an execution to be issued on a judgment recovered. Woodbridge v. Wright, 3 Conn. 523. The validity of an execution cannot be inquired into; it is valid until reversed or set aside. Stewart v. Stacker, 13 S. & R. 199; S. C., 1 Watts, 135. But an execution upon a void judgment is void....


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Product Details
  • ISBN-13: 9781153938280
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 464
  • Spine Width: 24 mm
  • Width: 189 mm
  • ISBN-10: 1153938286
  • Publisher Date: 02 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 874 gr


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