Eddy v. Coldwell

Citations

• 23 Or. 163
• 31 P. 475
• 1892 Ore. LEXIS 123

Syllabus

<p>1.' Execution — Dormant Judgment.— Under section 295, Hill’s Code, which provides that “ whenever after the entry of a judgment, a period of five years shall elapse without an execution being issued on such judgment, thereafter an execution shall not issue, except on motion asking leave, on which motion summons must issue as in actions at law, an execution issued after five years without such motion or leave is not absolutely void but only voidable.</p> <p>2. Idem.— The remedy provided by section 295, Hill’s Code, is intended only as a substitute for the writ of scire facias to revive a dormant judgment; it was not intended to affect the jurisdiction of the court or the validity of the judgment in case an execution should be issued without the proceedings provided by that section.</p>