Mann v. McAtee

Citations

• 37 Cal. 11

Syllabus

<p>nr e within which Execution may Issue.—Up to April 8th, 1801, a party in whose favor a judgment was rendered was entitled to an execution at any time within five years, and after five years had elapsed, ho was entitled to an execution on obtaining leave of the Court. Between April 8th, 1861, and April 2d, I860, an execution could issue only within five years after the entry of the judgment. Since April 2d, 1866, an execution in all cases other than for the recovery of money may issue after five years, upon leave of the Court.</p> <p>Right to Execution when once Barred.—If the right to an execution mi a judgment in ejectment had expired by the lapse of more than five years on the second day of April, I860, when the Act was passed providing for the issue of such executions, the passage of said Act did not revive the right to have an execution on such judgment.</p> <p>Act of April 2d, 1866, concerning Executions.—The Act of April 2d? 1806, granting the right to have executions issued on all judgments other than for the recovery of money more than five years afeer the. entry of the judgment, is not retrospective. It applied only to judgments thereafter to be rendered.</p>