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...
|Country of origin:
North Dakota Supreme Court
||246 x 189 x 14mm (L x W x T)
||Paperback - Trade
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