Wight v. Wallbaum

Citations

• 39 Ill. 554

Syllabus

<p>1. Judgment lien—at what time it will attach. Where the Circuit Court met on the day that a judgment was entered, and was duly opened, and, after the transaction of some business, was by the presiding judge adjourned until the next day, but there was no legal court at that term after the first day, such a judgment was valid; the day it was rendered was the last day of the term, and the lien of that judgment, against the lands of the defendants therein, attached from that day.</p> <p>2. Same—effect of death of the judgment debtor before execution issues. Where the judgment debtor dies after a judgment has become a lien and before execution has issued, the statute requires the execution to be stayed one year after the death of the defendant, and also requires that three months’ notice shall be given to his representatives before it can be issued and proceedings had under it; and the plaintiff, in such case, does not lose his lien because an execution had not issued within a year from the date of the judgment.</p> <p>3. Execution—after death of the defendant—its form. Where a judgment debtor dies, an execution cannot be issued upon the judgment against his administrator or heirs. The better practice in such case is, to recite in the execution, the recovery of the judgment, the death of the defendant, the notice to the administrator, and then specially command the sheriff, that, of the lands owned by the defendant at his death, he levy the amount of the judgment and costs. But this is only form and not material; so, if the execution is issued in the usual form, against the defendant himself, though informal, a sale of land thereunder will be valid, and pass the title to the purchaser.</p> <p>4. The judge of a court must himself be present The presence of the judge is indispensable to the validity of the proceedings of a Circuit Court, and he cannot authorize any ministerial officers of the court to exercise judicial powers.</p> <p>6. Adjournment of court—must be by t