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§ 207. “Execution.”

Legal process includes not only the writ and summons to appear, but all the steps taken by the court in execution of its judgment; hence seizure, sale, and sequestration are, in the natural meaning of the words, comprehended in the term process. (Per Lynch, J., in re Delahoyd, 11 Ir. Ch. R. 407.) The power to legislate concerning


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“the execution throughout the Commonwealth of the civil process and judgments of the Courts of the States” clearly extends to all these matters.

This sub-section does something more than provide for the inter-state recognition of judgments; it means the inter-state execution of judgments. Under this power a law could be passed authorizing the enforcement, within one State, of a judgment recovered in a civil action in another State; so that a writ of execution issued by the Supreme Court of one State, or a warrant of distress issued by a court of petty sessions therein, could be enforced by seizure and sale, in another State, of the assets of a person against whom a judgment or order has been recorded. It might go so far as to authorize the sheriff and constables of each State to execute writs and warrants issued by the courts of the other States. (Conv. Deb., Adel., p. 1006.)

Without this sub-section a judgment recovered in one State would not carry with it into another State the efficacy of a judgment, affecting property or persons, which could be enforced by direct execution; to give it such force in another State it would have to be made a judgment there under local laws; which could only be executed in that State as its laws permitted. (Baker, Annot. Const. p. 152.)

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