Maxim 8.8.20
Execution is the execution of the law according to the judgment.
Executio est executio juris secundum judicium.
Source: 3 Inst. 212; Jackson; Weisman, 42a
Difficulty 2/5 — Approachable
Explanation
Execution must conform strictly to the terms of the judgment — an officer who departs from the judgment in carrying it out acts without authority.
Where this applies
- The sheriff is enforcing the judgment differently than what the court ordered.
- An officer collecting on a judgment is seizing more property than the ruling allows.
Legal domains
Cite this maxim
NeCede Max. 8.8.20 — Execution is the execution of the law according to the judgment. — 3 Inst. 212; Jackson; Weisman, 42a (Executio est executio juris secundum judicium.)
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