Campbell v. Wickware
CAMPBELL v. WICKWARE
- Area
- civil
- Panel
- Cope (author)
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Cope
Cope, J. delivered the opinion of the Court Field, C. J. and Baldwin, J. concurring.
The findings in this case do not support the judgment. The proposition is, that real estate of a judgment debtor cannot be sold in satisfaction of a judgment rendered by a Justice of the Peace, unless a transcript of the judgment has been filed in the office of the Recorder of the county, so as to become a lien upon the property. No such proceeding is necessary, except as to property situated in a different county; with reference to property in the same county, the provisions for the enforcement of the execution are identical with those relating to the District Court. (Prac. Act, sec. 602.)
Judgment reversed and cause remanded for a new trial.