Definition of WRIT OF EXECUTION,


WRIT OF EXECUTION,

practice. A writ to put in force the
sentence that the law has given: it is addressed to the Sheriff
(and in the courts of the United States, to the marshal) commanding
him, according to the nature of the case, either to give the plaintiff
possession of lands, or to enforce the delivery of a chattel which
was the subject of the action, or to levy for the plain-tiff,
the debt, or damager, and costs recovered, or to levy for the
defendant his costs, and that, either upon the body of the opposite
party, his lands, or goods, or in some cases, upon his body, land,
and goods, the extent and manner of the execution directed, always
depending upon the nature of the judgment. 3 Bl. Com. 413.


2. Writs of execution are supposed to be actually awarded by the
judges in court, but no such award is in general, actually made.
The attorney, after signing final judgment, sues out of the proper
office a writ of execution, in the form to which he conceives
he would be entitled upon such judgment as he. has entered, if
such entry has been actually made, and, if not made, then upon
such as he thinks he is entitled to enter, and he does this, of
course, upon peril that, if he takes a wrong execution, the proceeding
is legal and void, and the opposite party entitled to redress.
Steph. Pl, 137, 8. See Ca. Sa., Execution, Fi. Fa., Haberefa.
possessionem, Vend. Exp.


Source: Bouviers Law Dictionary 1856 Edition

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