[DOWNLOAD] "State Ex Rel. Coffey v. District Court" by Supreme Court of Montana " Book PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. Coffey v. District Court
- Author : Supreme Court of Montana
- Release Date : January 20, 1925
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
Certiorari ? Execution ? Choses in Action ? Subject to Seizure and Sale ? Setting Aside Sale on Motion ? Discretion ? Costs ? Filing of Bill ? Effect. Costs ? Filing of Bill ? Effect. 1. The filing of a cost bill in the district court upon remittitur from the supreme court has the effect of the entry of a judgment for the amount of the award in favor of the prevailing party. Cause of Action ? Subject to Seizure and Sale. 2. A cause of action is the right which a party has to institute a judicial proceeding, and if the relief sought is the recovery of money, the cause of action is designated a "thing" or "chose in action," which is personal property and therefore subject to seizure and sale in satisfaction of a judgment. Same ? Levy of Execution upon ? How Made. 3. A cause of action being personal property not capable of manual delivery, levy of execution upon it must, under section 9424, Revised Codes, be made in like manner as upon a writ of attachment, which is, under subdivision 5 of section 9262, by leaving a copy of the writ, and a notice that the cause of action is levied upon, with the owner; hence where the copy and notice were delivered to the clerk of the district court and not to the owner, the levy was ineffective. Execution ? Irregularities ? Sale Voidable Only. 4. The purpose of a levy of execution being to subject the property to the custody of the law and place it beyond the power of the