Hastings v. Johnson
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District, State of Nevada, Hon. S. H. Weight presiding. In this case there were three several judgments against the defendants rendered at different periods, on three several notes. When the judgments were entered np they included the amount of principal and interest to date of judgment on each note sued on. Two of the judgments did not, however, in terms, provide for any future interest.
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Appeal from the District Court of the Second Judicial District, State of Nevada, Hon. S. H. Weight presiding. In this case there were three several judgments against the defendants rendered at different periods, on three several notes. When the judgments were entered np they included the amount of principal and interest to date of judgment on each note sued on. Two of the judgments did not, however, in terms, provide for any future interest. Executions were issued on all three of these judgments,-and the Clerk in issuing on those judgments, which did not call for interest, issued the…
1Opinion of the Court
Opinion by
Lewis, O. J.
The proposition we think well settled that the execution must be authorized by the judgment and must follow it in every essential particular, not only as to material matters of form, but also as to the amount for which is rendered.
If the writ is issued for an amount materially in excess of the judgment, a levy and sale made to satisfy such excess is nugatory and will be set aside upon the application of any person interested, or whose rights have been prejudiced thereby.
When but one sale of property is made under such an execution, and an amount materially exceeding the…
2Cited by6 opinions
- Young v. SchroederUtah Supreme Court · 1894
- Tonopah Banking Corp. v. McKane Mining Co.Nevada Supreme Court · 1909
- Moran v. HagermanU.S. Circuit Court for the District of Nevada · 1895
- Solen v. Virginia & Truckee RailroadNevada Supreme Court · 1880
- Solen v. Virginia & Truckee RailroadNevada Supreme Court · 1880
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