Federal Decisions (Volume 20); Cases Argued and Determined in the Supreme, Circuit and District Courts of the United States (Paperback)

This historic book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1887. Not illustrated. Excerpt: ... XIV. Executions. See Writs; Sales.] 1. In General. Summary -- Power of congress to regulate, %% 1425, 1432.-- Under section 14, act of 17S9, 1426.-- Effect of actjnaking state laws rules of decision, 1427.-- Act of 1789, as to forms and modes of process, construed, 1428.-- Act of 1792, adopting state laws, 1429, 1430.-- As to subsequent state laws, %i 1431, 1436.-- Congress has full power over executions in federal courts, 1432.-- State law as to sale of property, 1433.-- Federal courts may alter form so as to levy on land, 1434-1436. -- Form of process not governed by section 34 of judiciary act, 1437.-- State law as to time within which execution may issue, % 1438.-- Second execution in Virginia, 1439.-- Effect of act of 1S2S, 1440.-- Cases in which state laws do not apply, 1441.-- From what rulings a writ of error will lie, 1442.-- Execution erroneously awarded may be quashed, 1443.-- Injunction does not operate as a supersedeas, 1444.-- A supersedeas must come before a levy, % 1445.-- Death of defendant, 1447-1449.-- In attachment cases, 1450.-- Purchaser not protected if execution is void, 1451. 1425. Congress has power under the constitution to pass laws regulating executions issued on judgments of the courts of the United States, and the conduct of the officers in proceeding upon them. Wayman v. Southard, 1452-60. 1426. The fourteenth section of the judiciary act of 1789 gives the courts of the United States power to issue executions on their judgments. Ibid. 1427. The thirty-fourth section of the judiciary act of 1789, enacting " that the laws of the several states . . . shall be regarded ...