Skip to content Skip to sidebar Skip to footer

[DOWNLOAD] "State Ex Rel. Coffey v. District Court" by Supreme Court of Montana " Book PDF Kindle ePub Free

State Ex Rel. Coffey v. District Court

📘 Read Now     📥 Download


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


Free PDF Books "State Ex Rel. Coffey v. District Court" Online ePub Kindle