Rose v. Dunbar

Citations

• 20 Idaho 1
• 115 P. 920
• 1911 Ida. LEXIS 71

Syllabus

<p>Attachment — Attachment not Judgment Lien — Death of Judgment Debtor — Issuance of Execution After Death of Judgment Debtor.</p> <p>(Syllabus by tbe court.)</p> <p>1. Under sec. 4475 of the Eev. Codes, execution may be issued after tbe death of tbe judgment debtor for the enforcement and collection of a judgment, where tbe judgment is for tbe “recovery of real or personal property or for tbe enforcement of a lien thereon.”</p> <p>2. Where an aetion is instituted for tbe collection of a debt and an attachment is issued and levied on property of tbe debtor and judgment is thereafter entered and prior to tbe issuance of an execution tbe judgment debtor ‘dies, an execution cannot issue for tbe collection of tbe same under the provisions of sec. 4475, Eev. Codes, for the reason that such a judgment is not a judgment for tbe “recovery of real or personal property or tbe enforcement of a lien thereon,” but is a simple money judgment and does not fall within the purview of sec. 4475, Eev. Codes.</p>