MASTER AND SERVANT, $$ 489 a, 490 f. For interference with another's employment, see ....MASTER AND SERVANT, § 495 For failure to stop, look and listen at railroad crossing, see c, d. RAILROADS, $203. for personal tort, see Effect of subsequent promise to remove bar of limitations against actions ex delicto, see .....LIMITATION OF ACTIONS, § 236 CORPORATIONS, § 50 b. coscos coscos coscos coscos coscoscoscos 2. Right to; against whom. 3. 4. after death of judgment debtor. on void or satisfied judgment. 5. Against what. 6. Time of issuing. 7. Amendment; validating. 8. Return. 9. Lien of. 10. -priority. 11. Payment; satisfaction and discharge. § 12. Stay. II. Supplementary proceedings; receivership in aid of execution. § 13. Generally. § 14. Property which may be reached by. § 15. Respective rights of receiver and lien creditors. Review of refusal of trial by jury of amount for Levy of, on mortgaged chattels as waiver of lien As prerequisite to creditor's bill, see False imprisonment under, see Levy of, as effecting change of title, interest or special execution, see ... INSURANCE, § 305 f. JUDGMENT, § 259 b. JUDGMENT, § 261. . JUDICIAL SALE, § 30 a. . LEVY AND SEIZURE, III. .. LEVY AND SEIZURE, $ 59. ...MANDAMUS, § 123 c. PARTIES, $ 132 b. . PROHIBITION, § 17 j. PARTIES, § 51 b; SHERIFF, § 8 a, b. SUBROGATION, § 34 c. . BONDS, I. b. CHATTEL MORTGAGES, II. e. CONTRACTS, I. e, 6. DEEDS, I. a. EVIDENCE, $$ 592-594. MORTGAGES, § 4. MUNICIPAL CORPORATIONS, § 133. WILLS, IX. 1. In general. § 1. Generally. clude an execution. Johnson v. Elkins, 8 L.R.A. 552, 90 Ky. 163, 13 S. W. 448. b. An obligor on a bond, against whom a co-obligor, after paying the judgment and a. The words "process in an action" in-procuring an assignment to himself as au 1. In generai. thorized by statute, issues execution, cannot, | ment against a county, in the absence of an after allowing the execution to issue for the express act of the legislature authorizing whole amount as though he were the prin- it. Emery County v. Burresen, 37 L.R.A. cipal debtor, assert that the execution was 732, 14 Utah, 328, 47 Pac. 91. void, but he must attack it directly, or make equitable defenses to proceedings based on a return of no property found. Sanders v. Herndon, 5 L.R.A. (N.S.) 1072, 122 Ky. 760, 93 S. W. 14. c. A statutory provision that an execution on a joint judgment must be joint has no application to an execution under a statute permitting a surety who has paid the judgment to take an assignment and have execution issued in his favor against the principal obligor. Sanders v. Herndon, 5 L.R.A. (N.S.) 1072, 122 Ky. 760, 93 S. W. 14. § 2. Right to; against whom. Against administrator, see EXECUTORS AND ADMINISTRATORS, § 127 c. Against member of limited partnership, see CONSTITUTIONAL LAW, § 666 a. Against receivers, see RECEIVERS, § 74. a. A statute operating to bar actions on judgments bars execution on those judgMiller & Co. v. Melone, 56 L.R.A. 620, 11 Okla. 241, 67 Pac. 479. ments also. b. A judgment of one state cannot be enforced in another state by execution within the state, nor can execution be issued thereon without the state. Lamb v. Powder River Live Stock Co. 67 L.R.A. 558, 132 Fed. 434, 65 C. C. A. 570. c. The right to an execution for the unpaid balance of a judgment against a nonresident as to whom jurisdiction is obtained only by attachment and publication, after exhausting the property attached, cannot be given by statute, even to reach other property within the state. Kemper-Thomas Paper Co. v. Shyer, 58 L.R.A.173, 108 Tenn. 444, 67 S. W. 856. d. Execution cannot be ordered to issue against a city in an action for damages. Pekin v. McMahon, 27 L.R.A. 206, 154 Ill. 141, 39 N. E. 484. e. In the absence of statutory inhibition, an ordinary execution may issue on a judg. ment against a city of the first class; and while, on the ground of public policy, it cannot be levied on any of the general revenues of the city, either before or after they are collected, or upon any property, either real or personal, which is reasonably necessary for government purposes, still, if any property can be found which is not reasonably necessary for the public welfare, and which is held by the city as private property for its benefit, it may be levied upon and sold to satisfy such execution. Beadles v. Fry, 2 L.R.A. (N.S.) 855, 15 Okla. 428, 82 Pac. 1041. § 3. after death of judgment debt or. Right to issue as element in judgment, see JUDGMENT, § 64 d. Issuance of, on exempt property subject to payment of particular debt, see ELECTION OF REMEDIES, § 1 s. a. A creditor holding a judgment against the succession of a deceased person under administration ordinarily has no right to interfere with the administration by hav and sold under a writ of fieri facias to sating the property of the succession seized isfy his judgment, but must await a settlement of the succession by the administrator or other succession representative. son V. Bulkley, L.R.A.1917C, 494, 140 La. 589, 73 So. 691. Simp b. A creditor of the community of acquets and gains, holding a judgment against the community, may proceed against the surviving husband as the head and master of the community, and as the representative of the succession of his deceased wife, by the seizure and sale of the community property to satisfy the community debt, as well after as before the death of the wife. Simpson v. Bulkley, L.R.A.1917C, 494, 140 La. 589, 73 So. 691. (Annotated) § 4. — on void or satisfied judgment. a. An execution issued on a void judgment will be quashed on motion. A. B. Farquhar Co. v. De Haven, 40 L.R.A. (N.S.) 956, 70 W. Va. 738, 75 S. É. 65. b. The clerk cannot issue an execution on a judgment which has been set aside by the court. State ex rel. Spratlin v. Thompson, 20 L.R.A. (N.S.) 1, 118 Tenn. 571, 102 S. W. 349. c. Execution cannot be issued in favor of an attorney to whom a cause of action for personal tort was assigned before judgment, to secure his fees for services, where, before the judgment was entered, the client settled the suit and released defendant from further liability. Tyler v. Superior Ct. 23 L.R.A. (N.S.) 1045, 30 R. I. 107, 73 Atl. 467. § 5. Against what. Conflict of law as to exemption, see CONFLICT OF LAWS, § 165. Unassigned dower, see DOWER, § 3. b. What property exempt generally, see Ex EMPTIONS. Homestead exemption, see HOMESTEAD. a. At common law, when a judgment had been rendered for a debt, the sheriff was directed to cause the sum needed to be made (fieri facias) out of the goods and chattels of the defendant, or levied (levari facias) out of his goods and the fruits of his land, but the land itself was not subject to be taken in satisfaction of the debt. Hulbert v. Hulbert, L.R.A.1916D, 661, 216 f. No execution can issue upon a judg-N. Y. 430, 111 N. E. 70. |