Civil Procedure Before Justices of the Peace; (Oklahoma Practice)

This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1906. Not illustrated. Excerpt: ... chapter Xill. executions 202. Execution defined. 203. A ministerial act. 204. Not issuable after judgment has been opened. 205. Payment by anybody operates as satisfaction. 206. Death of one defendant. 307. What court must issue writ. 208. When the justice is estopped. 209. Justice has no judicial discretion. 210. Justice liable for damage. 211. When mandamus will lie. 212. Must issue execution without demand. 214. The execution. 215. Where debtors were not summoned. 216. Liability of constable. 217. Selling property under execution. 218. Justice or constable cannot purchase. 219. Constable's pay for care of live stock. 220. The constable's returns. 221. Disposing of unsold porperiy. 222. Constable may take security. 223. Indemnifying bond. 224. Rights of property. 226. Proceedings. 226. Costs. 227. Sale of crops. 228. Further process. 229. Garnishment in aid of execution. 280. Execution for costs. (202.) A writ of execution is the process by which a court carries out its judgment. It is a process for the enforcement of the payment of a judgment for money, recovered in a civil action, out of the property of the judgment debtor. There must be a judgment, order or decree to support the execution, otherwise the execution will be null and void, and will confer no authority upon the officer to whom it is directed. (203.) The issuance of an execution is a mere ministerial act consequent upon the rendition of the judgment, and no express direction in the judgment to issue an execution is necessary. (204.) After a judgment has been opened, an execution is not issuable. But the mere application to set aside a default judgment does not, however, have such effect. (205.) The payment of the judgment by a stranger to the suit, unless he takes an assignment of the judgment, o...