SEO. 185. The relief granted to the plaintiff, if there be The relief to no answer, cannot exceed that which he shall have de be awarded to manded in his complaint; but in any other case the court the plaintiff may grant him any relief consistent with the case made by the complaint and embraced within the issue. SEC. 186. Whenever damages are recoverable, the plain- Rates of damtiff may claim and recover, if he show himself entitled ages where thereto, any rate of damages which he might have here- recoverable. tofore recovered for the same cause of action. damages are SEO. 187. In an action to recover the possession of per Judgment in sonal property, judgment for the plaintiff may be for the action for recovery of per possession, or for the recovery of possession, or the value sonal property thereof in case a delivery cannot be had, and of damages for the detention. If the property have been delivered to the plaintiff and a defendant claim a return thereof, judgment for the defendant may be for a return of the property, or the value thereof, in case a return cannot be had, and damages for taking and withholding the same. SEC. 188. Judgment upon an issue of law or of fact or Judgment to upon confession, or upon failure to answer (except where be entered by direction of the clerk is authorized to enter the same by the first subcircuit judge division of section one hundred and fifty eight, [158] and or report of re by section two hundred and eighty-eight,) shall, in the ferees. first instance, be entered upon the direction of a circuit judge, or report of referees, subject to review on the de mand of either party, as herein provided. SEC. 189. The clerk shall keep among the records of Clerk to keep the court, a book for the entry of judgments to be called judgment the "judgment book." book. SEC. 190. The judgment shall be entered in the judg. Judgment to ment book, and shall specify clearly the relief granted, judgment or other determination of the action. be entered in book SEO. 191. Unless the party or his attorney shall fur Judgment roll, nish a judgment roll, the clerk, immediately after enter- of what coming the judgment, shall attach together and file the fol- posed. lowing papers, which shall constitute the judgment roll: 1. In case the complaint be not answered by any defendant, the summons and complaint or copies thereof, proof of service, and that no auswer has been received,. the report, if any, and a copy of the judgment. 2. In all other cases the summons, pleadings, or copies thereof, and a copy of the judgment, with any verdict or report, the offer of the defendant, exceptions, case, and all orders and papers in any way involving the merits and necessarily affecting the judgment. to be docketed. Judgment, SEO. 192. On filing a judgment roll, upon a judgment when and how directing in whole or in part the payment of money, it may be docketed with the clerk of the circuit court of the county where it was rendered, and in any other county, upon filing with the clerk of the circuit court thereof a transcript of the original "docket," and shall be a lien on the real property in the county where the same is docketed, of every person against whom such judgment shall be rendered, and which he may have at the time of docketing thereof, in the county in which such real estate is situated, or which he shall acquire at any time thereafter, for ten years from the time of docketing the same, in the county where it was rendered. But whenever an appeal from any judgment shall be pending, and the undertaking requisite to stay execution on such judgment shall have been given, and the appeal perfected as provided in the code, the court in which such judg ment was recovered, may, on special motion, after notice to the person owning the judgment, on such terms as they shall see fit, direct an entry to be made by the clerk on the docket of said judgment, that the same is "secured on appeal," and thereupon it shall cease, during the pen. dency of the appeal, to be a lien on the real property of the judgment debtor, as against purchasers and mortga gees in good faith. Execution to be issued within two years of course. After two leave of court, obtained. SEC. 193. Writs of execution for the enforcement of judgments as now used, are modified in conformity to this title, and the party, in whose favor judgment has been heretofore or shall hereafter be given, may, at any time within two years after the entry of judgment, proceed to enforce the same, as prescribed by this title. SEC. 194. After the lapse of two years from the entry years to be is- of judgment, an execution can be issued only by the leave sued only by of the court, upon motion, with personal notice to the and leave how adverse party, unless he be absent or non-resident, or cannot be found to make such service, in which case, such service may be made by publication, or in such other manner as the court shall direct. Such leave shall not be given unless it be established by the oath of the party, or other satisfactory proof, that the judgment, or some part thereof, remains unsatisfied and due. When the judg ment shall have been rendered in a court of justice of the peace, and docketed in the office of the clerk of the circuit court, the application for leave to issue execution must be to the court where judgment is docketed. enforced SEO. 195. Where a judgment requires the payment of Other judgmoney, or the delivery of real or personal property, the ments how same may be enforced in those respects by execution as court may pass provided in this title. Where it requires the performance title by judga of any other act, a certified copy of the judgment may be ment. served upon the party against whom it is given, or the person or officer who is required to obey the same, and his obedience thereto enforced. If he refuse he may be punished by the court as for a contempt. cutions. SEC. 196. There shall be three kinds of execution: one The different against the property of the judgment debtor; another kinds of exeagainst his person; and the third for the delivery of the possession of real or personal property, or such delivery with damages for withholding the same. They shall be deemed the process of the court, but they need not be sealed nor subscribed, except as prescribed in section 199. SEO. 197. Where the execution is against the property To what counof the judgment debtor, it may be issued to the sheriff of ties execution any county where the judgment is docketed. Where it may be issued. requires the delivery of real or personal property, it must be issued to the sheriff of the county where the property or some part thereof is situated. Executions may be issued at the same time to different counties. Real property adjudged to be sold, must be sold in the county where it lies, by the sheriff of that county or by a referee appointed by the court for that purpose, and thereupon the sheriff or referee, shall execute a conveyance to the purchaser, which conveyance shall be effectual to pass the rights and interest of the parties adjudged to be sold. cases and SEC. 198. If the action be one in which the defendant Execution might have been arrested as provided in section 87 and against the section 89, an execution against the person of the judg- Person, in what ment debtor may be issued to any county within the juris- when. diction of the court, after the return of an execution against his property unsatisfied in whole or in part. SEC. 199. The execution must be directed to the sheriff Form of exeor coroner, when the sheriff is a party, or interested cution. subscribed by the party issuing it or his attorney, and must intelligibly refer to the judgment, stating the court, the county where the judgment roll or transcript is filed, the names of the parties, the amount of the judgment, if it be for money, and the amount actually due thereon, and the time of docketing in the county to which the execution is issued, and shall require the officer substantially as follows: 시 To be return able within sixty days. 1. If it be against the property of the judgment debtor, it shall require the officer to satisfy the judgment out of the personal property of such debtor, and if sufficient personal property cannot be found out of the real property belonging to him on the day when the judgment was docketed in the county or at any time thereafter. 2. If it be against real or personal property in the hands of personal representatives, heirs, devisees, legatees, tenants of real property, or trustees, it shall require the officer to satisfy the judgment out of such property. 3. If it be against the person of the judgment debtor, it shall require the officer to arrest such debtor and commit him to the jail of the county, until he shall pay the judgment, or be discharged according to law. 4. If it be for the delivery of the possession of real or personal property, it shall require the officer to deliver the possession of the same, particularly describing it, to to the party entitled thereto, and may, at the same time, require the officer to satisfy any costs, damages, or rents and profits, recovered by the same judgment, out of the personal property of the party against whom it was rendered, and the value of the property for which the judg ment was recovered, by the same judgment, out of the personal property of the party against whom it was ren dered, and the value of the property for which the judg ment was recoverd, to be specified therein, if a delivery thereof cannot be had, and if sufficient personal property cannot be found, then out of the real property belonging to him on the day when the judgment was docketed, or at any time thereafter, and shall, in that respect, be deemed an execution against property. SEC. 200. The execution shall be returnable within sixty days after its receipt by the officer, to the clerk with whom record of judgment is filed, Existing laws SEO. 201. Until otherwise provided by the legislature, relating to ex- the existing provisions of law, not in conflict with this ecutions con- chapter, relating to executions, and their incidents, the otherwise pro- property liable to sale on execution, including the sale vided. When excecu and redemption of property, the powers and rights of officers, their duties thereon, and the proceeding to enforce those duties, and the liability of their sureties, shall apply to the executions prescribed by this chapter. SEC. 202. When an execution against property of the tion returned judgment debtor, or of any one of several debtors in the derfor discove- same judgment, issued to the sheriff of the county where ansatisfied, or he resides, or if he do not reside in the state, to the sheriff ry of property of a county where a judgment roll or a transcript of a when judgallowed; also, justice's judgment for ten dollars or upwards, exclusive of ment debtor costs, is filed, is returned unsatisfied, in whole or in part, refuses to apthe judgment creditor, at any time after such return is property ply to satisfy made, is entitled to an order from the judge of the court, judgment. or a county judge, or court commissioner of the county to which the execution was issued, requiring such judgment debtor to appear and answer concerning his prop erty before such judge, at a time and place specified in the order, within the county to which the execution was issued. After the issuing of an execution against property, and upon proof by affidavit, of a party or otherwise, to the satisfaction of the court, or a judge thereof, a county judge, or a court commissioner, that any judgment creditor [debtor] residing in the county where such judge or officer resides, has property which he unjustly refuses to apply towards the satisfaction of the judgment, such court or judge may, by an order, require the judgment debtor to appear, at a specified time and place, to answer concerning the same, and such proceedings may thereupon be had for the application of the property of the judgment debtor towards the satisfaction of the judgment, as are provided upon the return of an execution. On an examination under this section, either party may examine witnesses on his behalf, and the judg ment debtor may be examined in the same manner as a witness. Instead of the order requiring the attendance of judgment debtor, the judge may, upon proof by affidavit, or otherwise, to his satisfaction, that there is danger of the judgment debtor's leaving the state, or concealing himself, and that there is reason to believe he has property which he unjustly refuses to apply to such judgment, issue a warrant requiring the sheriff of any county where such debtor may be, to arrest him and bring him before such judge. examine SEC. 203. Upon being brought before the judge, he Manner of may be examined on oath, and if it then appears that proceeding to there is danger of the debtor's leaving the state, and that judgment he has property which he has unjustly refused to apply to debtor. such judgment, he may be ordered to enter into an undertaking, with one or more sureties, that he will, from time to time, attend before the judge as he shall direct, and that he will not during the pendency of the proceedings, dispose of any portion of his property not exempt from |