Birznieks v. Cooper

In summary proceedings to recover real property, a writ of restitution may not issue pursuant to a judgment for possession because of nonpayment of money by a tenant or land contract vendee if, "within the time” prescribed by the statute, the amount of the judgment is "paid” to the plaintiff. 1

The issue is whether Thomas L. Cooper "paid” Peter and Ella Birznieks the amounts stated in judgments for possession when he mailed personal checks for those amounts to the Birznieks’ lawyer on the last day of the time prescribed.

The district court held that the amounts so stated had not been duly paid.…