Insurance Co. v. Hallock
Supreme Court of the United States
Error to the Circuit Court for the District of Indiana; the case being thus : In Indiana the distinction between proceedings in common law and chancery is abolished, and under their code one form of action only, the “ civil action,” is known.* This code provides as follows : “Sect. 407. When a judgment requires the payment of money, or the delivery of real or personal property, the same may be enforced by execution.”
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Error to the Circuit Court for the District of Indiana; the case being thus : In Indiana the distinction between proceedings in common law and chancery is abolished, and under their code one form of action only, the “ civil action,” is known.* This code provides as follows : “Sect. 407. When a judgment requires the payment of money, or the delivery of real or personal property, the same may be enforced by execution.” “ Sect. 409. The execution must issue in the name of the State, and be directed to the sheriff of the county, sealed with the seal, and attested by the clerk of the court.” The…
1Opinion of the CourtJustice Miller
If the paper here called an order of sale is to be treated as a writ of execution or fieri facias issued to the sheriff, or as a process of any kind issued from the court, which the law required to be issued under the seal of the court, there can be no question that it was void, and conferred no authority upon the officer to sell the land.
The authorities are uniform that all process issuing from a court, which by law authenticates such process with its seal, is void if issued without a seal. Counsel for plaintiffs in error have not cited a single ease to the contrary, nor have our own…
2Cited by14 opinions
- Choate v. SpencerMontana Supreme Court · 1893
- Houston Oil Co. v. RandolphTexas Commission of Appeals · 1923
- Gordon v. BodwellSupreme Court of Kansas · 1898
- Ex Parte JonesCourt of Criminal Appeals of Oklahoma · 1923
- Leas & McVitty v. MerrimanU.S. Circuit Court for the District of Western Virginia · 1904
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