Maxim 1.5.68
Executions are more preferred than all other processes whatever.
Favorabiliores sunt executiones aliis processibus quibuscunque.
Source: Co. Litt. 289; Jackson; Weisman, 42d
Difficulty 2/5 — Approachable
Explanation
The law favors the enforcement of judgments over further proceedings — once a judgment is rendered, the priority shifts to carrying it into effect.
Where this applies
- A judgment has been issued but execution is being delayed by procedural maneuvers.
- A creditor has a court order but the debtor keeps filing motions to prevent enforcement.
Legal domains
Cite this maxim
NeCede Max. 1.5.68 — Executions are more preferred than all other processes whatever. — Co. Litt. 289; Jackson; Weisman, 42d (Favorabiliores sunt executiones aliis processibus quibuscunque.)
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