Definition of EXECUTION


EXECUTION

practice. The act of carrying into effect the final judgment
of a court, or other jurisdiction. The writ which authorizes the officer so
to carry into effect such judgment is also called an execution.

2. A distinction has been made between an execution which is used to make
the money due on a judgment out of the property of the defendant, and which
is called a final execution, and one which tends to an end but is not
absolutely final, as a capias ad satisfaciendum, by virtue of which the
body of the defendant is taken, to the intent that the plaintiff shall be
satisfied his debt, &c., the imprisonment not being absolute, but until he
shall satisfy the same, this is called an execution quousque. 6 Co. 87.

3. Executions are either to recover specific things, or money. 1. Of the
first class are the writs of habere facias seisinam., (q. v.) habere facias
possessionem, (q. v.) retorno habendo, (q. v.) distringas. (q. v.) 2.
Executions for the recovery of money are those which issue against the body
of the defendant, as the capias ad satisfaciendum, (q. v.), an attachment,
(q. v.), those which issue against his goods and chattels, namely, the
fieri facias, (q. v.), the, venditioni exponas, (q. v.), those which issue
against his lands, the levari facias, (q. v.) the liberari facias, the
elegit. (q. v.) Vide 10 Vin. Ab. 541, 1 Ves. jr. 430, 1 Sell. Pr. 512, Bac.
Ab. h. t., Com. Dig. h. t., the various Digests, h. t., Tidds Pr. Index,
h. t., 3 Bouv. Inst. n. 3365, et seq. Courts will at any time grant leave
to amend an execution so as to make it conformable to the judgment on which
it was issued. 1 Serg. & R. 98. A writ of error lies on an award of
execution. 5 Rep. 32, a,1 Rawle, Rep. 47, 48, Writ of Bxecution,


Source: Bouviers Law Dictionary 1856 Edition

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