White v. Staley's Executors

Citations

• 21 Fla. 396

Syllabus

<p>1. Buie Seven of the “Buies of Practice for the Government of Circuit Courts in Suits in Equity” is the only authority for the issue of an execution on a dem’ee in equity for the payment of money. The rule does not authorize the Clerk of the Circuit Court to issue an alias execution when the original is lost or destroyed.</p> <p>A paper purporting to be an alias execution issued on a decree in equity, for the payment of money, by a Clerk of a Circuit Court, without an order of the court in which said decree was rendered, is a nullity.</p> <p>•S. Buie Seven of the Buies, supra, does not adopt the provisions of sections 3 and 5, McClellan’s Digest, pp. 531, 533. It adopts only the form of executions used in the Circuit Courts in a suit at common law.</p>