Reports of Cases Decided in the Supreme Court of the State of North Dakota Volume 7 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1898 edition. Excerpt: ...any judgment, the proceedings to enforce it must fall to the ground. It is immaterial whether the judgment has been paid or has ceased to possess life owing to the lapse of time. In either case, there is no longer any judgment left to support the steps taken to enforce it. A strange condition of the law would it be if, after the lien of the judgment on real estate had been lost, and after the plaintiff was powerless to enforce it by execution, and despite the fact that he could no longer give it new life by a suit upon it resulting in the recovery of a new judgment, he could nevertheless, through a receiver in supplementary proceedings, reach and sell the debtor's lands, and subject all his assets, legal and" equitable, to the payment of the very same outlawed judgment. We were at first much influenced in our views by certain decisions in the State of New York. Without attempting to analyze them, we cite them, that it may be seen whether the ground on which we distinguish them from the case at bar is sound: Townsend v. Tolhurst, (Sup.) 10 N. Y. Supp. 378; Bolt v. Hauser, (Erie Co. Ct.) 10 N. Y. Supp. 397; Rose v. Henry, 37 Hun. 397; Waltermire v. Westover, 14 N. Y. 16; Herder v. Collyer, (Com. Pl.) 6 N. Y. Supp. 51'3;Kincaid v. Richardson, 25 Hun. 237; Bolt v. Hauser, (Sup.) 11 N. Y. Supp. 366. It is apparent that in New York the statute was leveled at only a particular remedy, and therefore the courts rightly held that all other remedies remained unimpaired. But our statutes, when con strued together, clearly evince a legislative purpose to wipe out a judgment after 1o years, unless suit thereon is brought within that period, and, even in that event, to keep it alive solely as the foundation for such suit, and not for general...