Fieri facias

Definition and stakes

Henry Baldwin,  Bank of the United States v. Tyler…

“ If the plaintiff has chosen to rely on the clerk and the marshal, to do that for him which it was his duty to do, he must abide the loss by such delays as have been suffered. The clerk is to issue execution, when ordered, and of the kind directed, whether fieri facias or capias ad satisfaciendum or elegit or levari facias; the marshal is bound to receive such when offered to him. It is the business of the plaintiff to direct the clerk to issue, and it is the business of the plaintiff to deliver to the marshal the execution when issued. ”
Source: Wikisource

The Statutes of Wales (1908)

“ Writ of Elegit, a judicial writ of execution, by which it became in the election of a party having recovered judgment, either to have a writ of fieri facias on lands and goods, or else one-half of the land of the judgment debtor in specie until judgment satisfied. ”
Source: Wikisource

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