Section 626.103 – Death of holder of judgment.
626.103 Death of holder of judgment. The death of any or all of the joint owners of a judgment shall not prevent an execution being issued thereon, but on any such execution the clerk shall endorse the fact of the death of such of them as are dead, and if all are dead, the names […]
Section 626.104 – Officer’s duty.
626.104 Officer’s duty. In acting upon an execution, so endorsed, the sheriff shall proceed as if the surviving owners, or the personal representatives or heirs as above provided, were the only owners of the judgment upon which it was issued, and take bonds accordingly. [R60, §3483; C73, §3131; C97, §4068; C24, 27, 31, 35, 39, […]
Section 626.105 – Affidavit required.
626.105 Affidavit required. Before making the endorsements as above provided, an affidavit shall be filed with the clerk by one of the owners of such judgment, or one of such personal representatives or heirs, or their attorney, of the death of such owners as are dead, and that the persons named as such are the […]
Section 626.89 – Notice.
626.89 Notice. The person against whom the petition is filed shall be notified by the plaintiff to appear within twenty days following completion of service and show cause, if any, why execution should not be awarded. [C51, §1919; R60, §3324; C73, §3093; C97, §4037; C24, 27, 31, 35, 39, §11737; C46, 50, 54, 58, 62, […]
Section 626.106 – Execution quashed.
626.106 Execution quashed. Any debtor in such a judgment may move the court to quash an execution on the ground that the personal representatives or heirs of a deceased judgment creditor are not properly stated in the endorsement on the execution. [R60, §3486; C73, §3134; C97, §4070; C24, 27, 31, 35, 39, §11752; C46, 50, […]
Section 626.90 – Service and return.
626.90 Service and return. The notice must be served and returned in the ordinary manner, and the same length of time shall be allowed for appearance as in civil actions, and service of such notice on nonresident defendants may be had in such cases by publication. [C51, §1920; R60, §3325; C73, §3094; C97, §4038; C24, […]
Section 626.107 – Death of part of defendants.
626.107 Death of part of defendants. The death of part of the joint debtors in a judgment shall not prevent execution being issued thereon, but, when issued, it shall operate alone on the survivors and their property. [R60, §3485; C73, §3133; C97, §4071; C24, 27, 31, 35, 39, §11753; C46, 50, 54, 58, 62, 66, […]
Section 626.91 – Execution awarded.
626.91 Execution awarded. At the proper time, the court shall award the execution, unless sufficient cause is shown to the contrary, but the nonage of the heirs or devisees shall not be held such sufficient cause. [C51, §1921, 1922; R60, §3326, 3327; C73, §3095, 3096; C97, §4039; C24, 27, 31, 35, 39, §11739; C46, 50, […]
Section 626.108 – Fee bill execution.
626.108 Fee bill execution. After the expiration of sixty days from the rendition of a final judgment not appealed, removed, or reversed, the clerk of the court may, and, upon demand of any party entitled to any part thereof, shall, issue a fee bill for all costs of such judgment, which shall have the same […]
Section 626.92 – Mutual judgments — setoff.
626.92 Mutual judgments — setoff. Mutual judgments, executions on which are in the hands of the same officer, may be set off the one against the other, except the costs, but if the amount collected on the large judgment is sufficient to pay the costs of both, such costs shall be paid therefrom. [C51, §1923; […]