Execution of Judgments

The execution of law does no injury.

Executio juris non habet injuriam.

Source: 2 Rolle 301; Co. Litt. 289b; Weisman, 42e

When the law is properly applied and its judgments duly executed, no one can complain of injury — the enforcement of a lawful judgment is itself a lawful act.

Execution is the end and the fruit of the law.

Executio est finis et fructus legis.

Source: Co. Litt. 289; Bank of U.S. v. Halstead, 10 Wheat. (23 U.S.) 51, 64; Weisman, 42b

The entire judicial process — pleading, trial, judgment — exists for one purpose: execution. A system that pronounces judgments but cannot enforce them is a system of words, not of law. (Duplicate maxim — see also 11.1.13, 1.5.31.)

The effect of law consists in its execution.

Effectus legis in executione consistit.

Source: Co. Litt. 289b; Weisman, 42c; Weisman, 71ss

Law that is not enforced is law in name only — the real measure of any legal system is whether its judgments and decrees are carried into effect.

Executions are preferred to all other processes.

Executiones omni processu praeferuntur.

Source: Co. Litt. 287, 289

Once a judgment has been obtained, the writ of execution takes priority over other legal processes — the party who has prevailed is entitled to the fruits of his victory without further delay.

Where the prescribed form is not observed, the act is annulled.

Non observata forma, infertur adnullatio actus.

Source: 12 Co. 7; Co. Litt. 303a

Execution must follow the form prescribed by law — an execution conducted in violation of established procedure is void and conveys no rights.