execution

Carrying out some act or course of conduct to its completion. Northwest Steel Rolling Mills v. Commissioner of Internal Revenue, C.C.A.Wash., 110 F.2d 286, 290.

Completion of an act. Putting into force. The completion, fulfillment, or perfecting of anything, or carrying it into operation and effect.

Execution of contract includes performance of all acts necessary to render it complete as an instrument and imports idea that nothing remains to be done to make complete and effective contract. Travelers Ins. Co. v. Chicago Bridge & Iron Co., Tex.Civ.App., 442 S.W.2d 888, 895.

Execution upon a money judgment is the legal process of enforcing the judgment, usually by seizing and selling property of the debtor.

See writ of execution.

Form of process whereby an official (usually a sheriff) is directed by way of an appropriate judicial writ to seize and sell so much of the debtor's nonexempt property as is necessary to satisfy a judgment. Process of carrying into effect the directions in a decree or judgment. Foust v. Foust, 47 Cal.2d 121, 302 P.2d 11, 13.

In criminal law, refers to carrying out of death sentence (capital punishment).

@ body execution

An order of court which commands the officer to take the body of the defendant or debtor; generally to bring him before court to pay debt. A capias.

+ body execution

Seizure of person by order of court to e.g. enforce judgment for payment of money.

See capias (capias ad satis faciendum)

@ writ of execution

Formal process issued by court generally evidencing the debt of the defendant to the plaintiff and commanding the officer to take the property of the defendant in satisfaction of the debt. Unless the court directs otherwise, the process to enforce a money judgment shall be a writ of execution. Fed.R. Civil P. 69.

A writ of execution is a written demand to bailiff, directing him to execute the judgment of the court. Miami Motor Sales v. Singleton, Ohio Mun., 94 N.E.2d 819, 822.

Process issuing from a court in a civil action authorizing the sheriff or other competent officer to carry out the court's decision in favor of the prevailing party.

+ writ of execution

A writ to put in force the judgment or decree of a court. Formal, written command of a court directing a sheriff or other official to enforce a judgment through process of execution.

See execution

- pluries

- writs of execution

@

For testatum execution, see testatum.

See also alias execution

- attachment execution

- dormant execution

- general execution

- judgment execution

- junior execution

- lien of execution

- special execution