The Tender For Law

Volume 3

Aug 30, 2013 10:24 PM

Derek Moran

EXECUTION: 1. The act of carrying out or putting into effect (as a court order or a securities transaction) <execution of the court's decree> <execution of the stop-loss order>. 2. Validation of a written instrument, such as a contract or will, by fulfilling the necessary legal requirements <delivery of the goods completed the contract's execution>. [Cases: Contracts (:::-J34; Sales Vendor and Purchaser <::=>23; Wills (;=: 108129.] 3. Judicial enforcement of a money judgment, usu. by seizing and selling the judgment debtor's property <even if the plaintiff receives a judgment against the foreign debtor, execution is unlikely>. - Also termed (in Scots law) diligence. [Cases: Execution Federal Civil Procedure C=>2691.] 4. A court order directing a sheriff or other officer to enforce a judgment, usu. by seizing and selling the judgment debtor's property <the court issued the execution authorizing seizure of the car>. - Also termed writ ofexecution; judgment execution; general execution. [Cases: Execution <:-"'::>74; Federal Civil Procedure C=>2697.] "A writ of execution is an authorization to an executive officer, issued from a court in which a final judgment has been rendered, for the purpose of carrying such judgment into force and effect. It is founded upon the judgment, must generally be conformed to it in every respect, and the plaintiff is always entitled to it to obtain a satisfaction of his claim, unless his right has been suspended by proceedings in the nature of an appeal or by his own agreement."