Barber v. Briscoe
Montana Supreme Court
Appeal from First Judicial District, Lewis and Clarice County* Defendant’s motion to set aside the order for his examination on proceedings supplementary to execution was denied by Hrarr, J.; who ordered judgment nuno pro tune for the plaintiff. Until judgment was formally entered of record no valid execution could issue, and no supplementary proceedings could be brought to enforce performance. It is only actual final judgments that may be enforced by execution.
Read the full summary
Appeal from First Judicial District, Lewis and Clarice County* Defendant’s motion to set aside the order for his examination on proceedings supplementary to execution was denied by Hrarr, J.; who ordered judgment nuno pro tune for the plaintiff. Until judgment was formally entered of record no valid execution could issue, and no supplementary proceedings could be brought to enforce performance. It is only actual final judgments that may be enforced by execution. A. mere order for a judgment, although judgment may afterwards be perfected thereon, will not authorize the issuing of execution. (4…
1Opinion of the CourtBlake, C. J.
The complaint in this action contained the name of “Sumner J. Barber” as the plaintiff, but the summons described him as “ Samuel J. Barber,” and notified the defendant of the amount sought to be recovered “upon a certain promissory note made and executed by said defendant on the twenty-fourth day of July, 1885, at Kane Station, Idaho Territory.” At the trial, upon the eighth day of December, 1887, the jury returned a verdict for the plaintiff, who is styled “ Sumner J. Barber.” After the record of the verdict, the following entry appears: “ Thereupon it is ordered that judgment be entered…
2Cases cited14 opinions
- Tapley v. GoodsellMassachusetts Supreme Judicial Court · 1877
- McCullough v. ClarkCalifornia Supreme Court · 1871
- Territory of Montana v. ClaytonMontana Supreme Court · 1888
- Adams v. HackettCalifornia Supreme Court · 1857
- Pacific Bank v. RobinsonCalifornia Supreme Court · 1881
9 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- St. Onge v. BlakelyMontana Supreme Court · 1926
- State Ex Rel. Kruletz v. District CourtMontana Supreme Court · 1940
- Parrott v. McDevittMontana Supreme Court · 1894
- State ex rel. Jones v. District CourtMontana Supreme Court · 1914
- Hayes v. First Judicial District CourtMontana Supreme Court · 1891
3 more not listed; retrieve them via the Exa API.