Campbell v. Wickware
Before: Cope
Synopsis
Real estate of a judgment debtor, situated in the county where the judgment before a Justice of the Peace was rendered, may be sold on execution upon the judgment, whether a transcript of the judgment be filed in the office of the Recorder of such county or not.
No filing of such transcript with the Recorder 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 an execution upon a judgment in a Justice’s Court are the same as those relating to District Courts.
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.
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