WRIT OF EXECUTION - A writ to put
in force the sentence that the law has given: it is
addressed to the Sheriff (and in the courts of the
United States, to the marshal) commanding him, according
to the nature of the case, either to give the plaintiff
possession of lands; or to enforce the delivery of
a chattel which was the subject of the action; or
to levy for the plain-tiff, the debt, or damager,
and costs recovered; or to levy for the defendant
his costs; and that, either upon the body of the opposite
party, his lands, or goods, or in some cases, upon
his body, land, and goods; the extent and manner of
the execution directed, always depending upon the
nature of the judgment.
Writs of execution are supposed to be actually awarded
by the judges in court; but no such award is in general,
actually made. The attorney, after signing final judgment,
sues out of the proper office a writ of execution,
in the form to which he conceives he would be entitled
upon such judgment as he. has entered, if such entry
has been actually made; and, if not made, then upon
such as he thinks he is entitled to enter; and he
does this, of course, upon peril that, if he takes
a wrong execution, the proceeding is legal and void,
and the opposite party entitled to redress.
