Peters v. Vawter
Montana Supreme Court
Appeal from First Judicial District, Lewis and Clarice County. Plaintiff’s motion for leave to issue execution was refused by Hunt, J. Statement of facts, prepared by tbe judge delivering tbe opinion. This is an appeal from a special order made after final judgment, refusing plaintiff leave to issue execution upon a judgment. Tbe following are tbe facts: On December 8,1883, judgment was duly entered against defendants in favor of plaintiff for $1,161.40, and costs, etc.
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Appeal from First Judicial District, Lewis and Clarice County. Plaintiff’s motion for leave to issue execution was refused by Hunt, J. Statement of facts, prepared by tbe judge delivering tbe opinion. This is an appeal from a special order made after final judgment, refusing plaintiff leave to issue execution upon a judgment. Tbe following are tbe facts: On December 8,1883, judgment was duly entered against defendants in favor of plaintiff for $1,161.40, and costs, etc. On January 15,1884, execution was issued, and on August 6, 1884, was returned wholly unsatisfied. On December 2, 1889, an…
1Opinion of the Court
DeWitt, ,J.
The recent decision of this court in Wallace v. Lewis, 9 Mont. 399, restricts the inquiry herein to narrow limits. That case holds that a motion is an application to the court for an order; that the court must be moved to grant the order, and when so moved, the proceeding is a motion. In this view, no motion was made for leave to issue execution, in the ease at bar, until after December 8, 1889, which was after the expiration of six years from the entering of the judgment, and after the expiration of the period respectively limited in sections 41, 307, and 312 of the Code of Civil…
2Cases cited8 opinions
- McDonald v. . DicksonSupreme Court of North Carolina · 1881
- George v. MiddoughSupreme Court of Missouri · 1876
- People ex rel. Parsons v. Circuit JudgeMichigan Supreme Court · 1877
- Wallace v. LewisMontana Supreme Court · 1890
- Lyon v. . RussSupreme Court of North Carolina · 1881
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3Cited by5 opinions
- O'Hanion v. Great Northern Railway Co.Montana Supreme Court · 1926
- Gahagan v. GuglerMontana Supreme Court · 1935
- Haupt v. BurtonMontana Supreme Court · 1898
- Brown v. BellSupreme Court of Colorado · 1909
- State ex rel. Gilreath v. District Court of First Judicial Dist.Montana Supreme Court · 1954