JB/031/240/001

Click Here To Edit

161. Requete must
contain grounds of
opposition to execution,
unless notified
before judgement: by
opposition not so notified
execution shall not
be staid: to warrant
it is sufficient a simple
act, without need of
any other "instruction".
Qy evidence?

162. Case where there
is no avoué, opposition
how formed. 1. first
by act extra judicial 2: or by declaration
sur les commandemans
3: or procès verbaux
of saisie or imprisonment,
or any other
act of execution
provided it be reiterated
by avoué in huit
aines – Case where
the judgement obtaining
party's avoué is
dead, or unable to
practice, now constitution
of avoué
must be notified to
defaillant: he must
now reiterate his
opposition.+

---page break---

162. For grounds of
opposition sent in, after
requête, nohing
should be allowed
in costs.†

163. Recordation separate
from the cases
of oppositions: heads:
parties names, 2 avouè's
ditto. 3. date
of judgement. 4 do.
of opposition. For such
registration, no fees
unless for a copy.

164. Against un-tiers
no execution of judgement
by default, unless
for non-existence
of opposition, certified
by Registrar.

165. No opposition receivable
against a
judgement, rebutting
a former opposition.

---page break---

162. Thus no judgement
favorable, nor
ultimate defense without
avoué.

Obstruction cause
Attorney's death or
incapacity

* How is this? To
judgement-obtaining
party new avoué is
necessary, the old one
being dead or gone:
but how to defaillant
whose avoué has
nothing the matter
with him.

† In J.B's Code instead
of arrangement
as to costs at the end
costs, would be located,
and as far as possible
antecedently to expenditure,
by individual
decrees.

165. Here as elsewhere,
obstructions
are by the provisions
made for them called
into existence.

Identifier: | JB/031/240/001 "JB/" can not be assigned to a declared number type with value 31.
Date_1		Marginal Summary Numbering
Box	031	Main Headings	code civil
Folio number	240	Info in main headings field
Image	001	Titles
Category	rudiments sheet (brouillon)	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	richard doane	Watermarks	j whatman turkey mill 1822
Marginals		Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1822
Notes public		ID Number	9926
Box Contents