EXECUTION

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EXECUTION

EXECUTION

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.; Tidd's 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 Execution;

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