Legal Term Dictionary

Lat. The doing or following up of a thing; the doing a thing completely or thoroughly; management or administration. In old practice. Execution; the final process in an action. -Executio bonorum. In old English law. Management or administration of goods. Ad ecclesxam et ad amicos pertinebit executio bonorum, the execution More...

Lat. The doing or following up of a thing; the doing a thing completely or thoroughly; management or administration. In old practice. Execution; the final process in an action. -Executio bonorum. In old English law. Management or administration of goods. Ad ecclesxam et ad amicos pertinebit executio bonorum, the execution of the goods shall belong to the church and to the friends of the deceased Bract fol. 606. Executio est executio juris secundum judicium. 3 Inst 212. Execution is the execution of the law according to the judgment Executio est finis et fruotus legis. Co. Litt. 289. Execution is the end and fruit of the law. Executio juris non habot injuriam. 2 Roll. 301. The execution of law does no injury. Less...

The completion, fulfillment, or perfecting of anything, or carrying it into operation and effect. The signing, sealing, and delivery of a deed. The signing and publication of a will. The performance of a contract according to its terms. In practice. The last stage of a suit whereby possession is obtained More...

The completion, fulfillment, or perfecting of anything, or carrying it into operation and effect. The signing, sealing, and delivery of a deed. The signing and publication of a will. The performance of a contract according to its terms. In practice. The last stage of a suit whereby possession is obtained of anything recovered. It is styled "final process," and consists in putting the sentence of the law in force. 3 Bl. Comm. 412. The carrying into effect of the sentence or judgment of a court. U. S. v. Nourse, 9 Pet 28, 9 L. Ed. 31; Griffith v. Fowler, 18 Vt 394; Pierson T. Hammond, 22 Tex. 587; Brown v. U. S., 6 Ct CL 178; Hurlbutt v. Currier, 08 N. H. 94, 38 Ati. 502; Darby v. Carson, 9 Ohio, 149. Also the name of a writ issued to a sheriff, constable, or marshal, authorizing and requiring him to execute the judgment of the court. At common law, executions are said to be either final or quousque; the former, where complete satisfaction of the debt is intended to be procured by this process; the latter, where the execution is only a means to an end, as where the defendant is arrested on oa sa. In criminal law. The carrying into effect the sentence of the law by the infliction of capital punishment 4 Bl. Comm. 403; 4 Steph. Comm. 470. It is a vulgar error to speak of the "execution" of a convicted criminal. It is the sentence of the court which is "executed ;" the criminal is put to death. In French law. A method of obtaining satisfaction of a debt or claim by sale of the debtor's property privately, i. e., without judicial process, authorized by the deed or agreement of the parties or by custom; as, in the case of a stockbroker, who may sell securities of his customer, bought under his instructions or deposited by him, to indemnify himself or make good a debt Arg. Fr. Merc. Law, 557. -Execution paree. In French law. A right founded on an act passed before a notary, by which the creditor may immediately, without citation or summons, seize and cause to be sold the property of his debtor, out of the proceeds of which to receive his payment it imports a confession of judgment, and is not unlike a warrant of attorney. Code Proc. La. art. 732; 6 Touliier. no. 208 : 7 Toullier, no. 99.-Attachment execution. See ATTACHMENT.- Dormant execution. See DORMANT.-Equitable execution. This term is sometimes applied to the appointment of a receiver with power of sale. Hatch v. Van Dervoort, 54 N. J. Eta. 511, 34 Atl. 93a-Execution creditor. See CREDITOR.-Execution of decree. Sometimes from the neglect of parties, or some other cause, it became impossible to carry a decree into execution without the further decree of the court upon a bill filed for that purpose. This happened generally in cases where, parties having neglected to proceed upon the decree, their rights under it became so embarrassed by a variety of subsequent events that it was necessary to have the decree of the court to settle and ascertain them. Such a bill might also be brought to carry into execution the judgment of an inferior court of equity, if the jurisdiction of that court was not equal to the purpose; as in the case of a decree in Wales, which the defendant avoided by fleeing into England. This species of bill was generally partly an original bill, and partly a bill in the nature of an original bill, though not strictly original. Story, Eq. PI. 342; Daniell, Ch. Pr. 1429.-Execution of deeds. The signing, sealing, and delivery of them by the parties, as their own acts and deeds, in the presence of witnesses.-Execution sale. A sale by a sheriff or other ministerial officer under the authority of a writ of execution which he has levied on property of, the debtor. Noland v. Barrett, 122 Mo. 181, 26 S. W. 692, 43 Am. St. Rep. 572: Norton v. Reardon, 67 Kan. 302, 72 Pac. 861, 100 Am. St. Rep. 459.-Testatum execution. See TESTATUM.-General execution. A writ commanding an officer to satisfy a judgment out of any personal property of the defendant. If authorizing him to levy only on certain specified property, the writ is sometimes called a "special" execution. Pracht v. Pister, 30 Kan. 668, 1 Pac. 638.-Junior execution. One which was issued after the issuance of another execution, on a different judgment against the same defendant. Less...

A writ commanding execution of a judgment. Obsolete Cowell.

A writ commanding execution of a judgment. Obsolete Cowell. Less...

A writ that lay for taking cattle of one who has conveyed the cattle of another out of the county, so that the sheriff cannot replevy them. Reg. Orig. 82.

A writ that lay for taking cattle of one who has conveyed the cattle of another out of the county, so that the sheriff cannot replevy them. Reg. Orig. 82. Less...

A writ directed to the judge of an inferior court to do execution upon a judgment therein, or to return some reasonable cause wherefore he delays the execution. Fitzh. Nat Brev. 20.

A writ directed to the judge of an inferior court to do execution upon a judgment therein, or to return some reasonable cause wherefore he delays the execution. Fitzh. Nat Brev. 20. Less...

The name given to him who puts criminals to death, according to their sentence; a hangman.

The name given to him who puts criminals to death, according to their sentence; a hangman. Less...

As distinguished from the legislative and judicial departments of government, the executive department is that which is charged with the detail of carrying the laws into effect and securing their due observance. The word "executive" is also used as an impersonal designation of the chief executive officer of a state More...

As distinguished from the legislative and judicial departments of government, the executive department is that which is charged with the detail of carrying the laws into effect and securing their due observance. The word "executive" is also used as an impersonal designation of the chief executive officer of a state or nation. Comm. .v. Hall, 9 Gray (Mass.) 267, 69 Am: Dec. 285; In re Railroad Com'rs, 15 Neb. 079, 50 N. W. 276; In re Davies, 168 N. Y. 89, 61 N. E. 118, 56 L. R. A. 855; State v, Denny, 118 Ind. 382, 21 N. E. 252, 4 L. R. A. 79. -Executive administration, or ministry. A political term in England, applicable to the higher and responsible class of public officials by whom the chief departments of the government of the kingdom are administered. The number of these amounts to fifty or sixty persons. Their tenure of office depends on the confidence of a majority of the house of commons, and they are supposed to be agreed on all matters of general policy except such as are specifically left open questions. Cab. Lawy.-Executive officer. An officer of the executive department of government; one in whom resides the power to execute the laws; one whose duties are to cause the laws to be executed and obeyed. Thome v. San Francisco, 4 Cal. 146; People v. Salsbury, 134 Mich. 537, 96 N. W. 939; Petterson v. State (Tex. Cr. App.) 58 S. W. 100. Less...

A person appointed by a testator to carry out the directions and requests in his will, and to dispose of the property according to his testamentary provisions after his decease. Scott v. Guernsey, 60 Barb. (ft. Y.) 175; In re Lamb's Estate, 122 Mich. 239, 80 N. W. 1081; Compton More...

A person appointed by a testator to carry out the directions and requests in his will, and to dispose of the property according to his testamentary provisions after his decease. Scott v. Guernsey, 60 Barb. (ft. Y.) 175; In re Lamb's Estate, 122 Mich. 239, 80 N. W. 1081; Compton v. Mc-Mahan, 19 Mo. App. 505. One to whom another man commits by his last will the execution of that will and testament 2 Bl. Comm. 503. A person to whom a testator by his will commits the execution, or putting in force, of that instrument and its codicils. Fonbl. 307. Executors are classified according to the following several methods: They are either general or special. The former term denotes an executor who is to have charge of the whole estate, wherever found, and administer it to a final settlement; while a special executor is only empowered by the will to take charge of a limited portion of the estate, or such part as may lie in one place, or to carry on the administration only to a prescribed point. They are either instituted or substituted. An instituted executor is one who is appointed by the testator without any condition; while a substituted executor is one named to fill the office in case the person first nominated should refuse to act. In the phraseology of ecclesiastical law, they are of the following kinds: Executor a lege constitutus, an executor, appointed by law; the ordinary of the diocese. Executor ab episcopo constitutus, or executor dativus, an executor appointed by the bishop; an administrator to an intestate. Executor d tcstatore constitutus, an executor appointed by a testator. Otherwise termed "executor testamentarius" a testamentary executor. An executor to the tenor is one who, though not directly constituted executor by the will, is therein charged with duties in relation to the estate which can only be performed by the executor. -Executor creditor. In Scotch law. A creditor of a decedent who obtains a grant of administration on the estate, at least to the extent of so much of it as will be sufficient to discharge his debt, when the executor named in the will has declined to serve, as also those other persons who would be preferentially entitled to administer.-Executor dative. In Scotch law. One appointed by the court; equivalent to the English "administrator with the will annexed."-Executor do son tort. Executor of his own wrong. A person who assumes to act as executor of an estate without any lawful warrant or authority, but who, by his intermeddling, makes himself liable as an executor to a certain extent. If a stranger takes upon him to act as executor without any just authority, (as by intermeddling with the goods of the deceased, and many other transactions,) he is called in law an "executor of his own wrong," de son tort. 2 Bl. Comm. 507. Allen v. Hurst, 120 Ga. 763, 48 S. EX 341; Noon v. Finnegan. 29 Minn. 418. 13 N. W. 197; Brown v. Leavitt, 26 N. H. 495; Hinds v. Jones, 48 Me. 349.-Executor lucratus. An executor who has assets of his testator who in his lifetime made himself liable by a wrongful interference with the property of another. 6 Jur. (N. S.) 543.-General executor. One whose power is not limited either territorially or as to the duration or subject of his trust.-Joint executors. Co-executors; two or more who are joined in the execution of a will.-Limited executor. An executor whose appointment is qualified by limitations as to the time or place wherein, or the subject-matter whereon, the office is to be exercised; as distinguished from one whose appointment is absolute, i. e., certain and immediate, without any restriction in regard to the testator's effects or limitation in point of time. 1 Williams, Ex'rs, 249, et seq. -Special executor. One whose power and office are limited, either in respect to the time or place of their exercise, or restricted to a particular portion of the decedent's estate. In the civil law. A ministerial officer who executed or carried into effect the judgment or sentence in a cause. Less...

That which is yet to be executed or performed; that which remains to be carried into operation or effect; incomplete ; depending upon a future performance or event. The opposite of executed. -Executory consideration. A consideration which is to be performed after the contract for which it is a consideration More...

That which is yet to be executed or performed; that which remains to be carried into operation or effect; incomplete ; depending upon a future performance or event. The opposite of executed. -Executory consideration. A consideration which is to be performed after the contract for which it is a consideration is made.-Executory fines. These are the fines sur cognisance de droit tantum; sur concessit; and sur done, grant et render. Abolished by 3 A 4 Wm. IV. c 74.-Executory interests. A general term, comprising all future estates and interests in land or personalty, other than reversions and remainders.-Executory limitation. A limitation of a future interest by deed or will; if by will, it is also called an "executory devise." -Executory process. A process which can be resorted to in the following cases, namely: (1) When the right of the creditor arises from an act importing confession of judgment and which contains a privilege or mortgage in his favor; (2) when the creditor demands the execution of a judgment which has been rendered by a tribunal different from that within whose jurisdiction the execution is sought Code Prac. La. art. 732; Marin v. Lalley, 17 Wall. 14, 21 L. Ed. 596. As to executory "Bequests," "Contracts," Devises," "Estates," "Remainders," "Trusts," and "Uses," see those titles. Less...

A female executor. Hardr. 165, 473. See EXECUTRIX.

A female executor. Hardr. 165, 473. See EXECUTRIX. Less...