...litigation through the filing of a lawsuit can be seized by a writ of fieri facias. For the reasons that follow, we find the court of appeal properly concluded a cause of action on which suit has.... Issuance of Writ of Fieri Facias Subsequently, this Court denied supervisory writ applications...Webster Parish Clerk of Court to issue a writ of fieri facias in an attempt to collect on the excess judgment rendered against Ms. Theus. The following day, the plaintiff obtained a writ of fieri facias directing...

.... ST. PAUL, Justice. Plaintiff obtained judgment against defendant for $25,000 with interest, attorney's fees, and costs and thereupon issued a writ of fieri facias, under...which he seized and caused to be sold a large and miscellaneous lot of personal property belonging to the defendant. Before the writ of fieri facias issued, intervener had taken...out an attachment against the defendant under which the sheriff had seized part of the property which was afterwards seized under the writ of fieri facias. When the property seized...

...October 30, 1992 partitioning judgment executory and sought to garnish defendant's wages through a writ of fieri facias. Thereafter...rendered a judgment on September 20, 1994 recalling the writ of fieri facias and awarding defendant attorney's fees and damages. It is from this judgment plaintiff now appeals...seeking to execute a money judgment may obtain a writ of fieri facias which directs the seizure of the property of the judgment debtor, including the garnishing of his wages. La.C.C.P. arts. 2291...

...rules), one dated January 16, 1975 and the other dated May 16, 1975. These motions were personally served on defendants on January 23 and May 21, respectively. Request for issuance of a writ of fieri facias was...relators' primary contention that the seizure of their property under a writ of fieri facias was a premature execution of the default judgment rendered against them in that the delay for taking a...of a writ of fieri facias (September 25, 1975) under which the Brown property was seized and ordered to be sold on December 11, 1975...

.... See Case No. A20A2112 (decided November 3, 2020). Thereafter, Cranford Homes requested a writ of fieri facias, which the trial court issued on November 12, 2020. On March 23, 2021, Crabtree...judgment[.]"). Although the trial court entered a writ of fieri facias, such a writ "is not an order of final judgment[.]" Newton v. K.B. Prop. Mgmt. of Georgia, 166 Ga.App. 901, 903.... Assuming that we could, under the unique circumstances of this case, consider the writ of fieri facias as the equivalent of a judgment, we still lack jurisdiction. A notice of appeal must be filed...

...the payment of money may be executed by a writ of fieri facias directing the seizure and sale of property of the judgment debtor." La. Code Civ. P. art. 2291. Louisiana law authorizes...garnishment following the issuance of a writ of fieri facias. According to La. Code Civ. P. art. 2411(A): The judgment creditor, by petition and after the...issuance of a writ of fieri facias, may cause a third person to be cited as a garnishee to declare under oath what property he has in his possession or under his control belonging to the judgment...

...appeals a decision by the 23rd Judicial District Court dissolving a writ of fieri facias issued on her behalf against the Board of Trustees of the New Orleans Police Pension Fund and Wilmer Douglas...Eskine. The issue is can a writ of fieri facias be issued to the Municipal Employees Retirement System in order to satisfy a money judgment rendered in favor of Beverly Eskine. We affirm...Parish of Ascension to make the judgment of the 24th Judicial District Court executory. In connection with the petition, Beverly Eskine obtained a writ of fieri facias ordering the sheriff of Ascension...

...favor of Evans and against the defendant decreeing the judicial sale on January 3, 1979, under the writ of fieri facias, as null and void. The court also awarded plaintiff $500 as attorney's fees. It...). However, there is no authority, statutory or jurisprudential, which allows recovery of attorney fees for damages for dissolution of a wrongful seizure of property under a writ of fieri facias. Nassau...Realty Company, Inc. v. Brown, supra. We also find no authority which allows an award of attorney fees where the seizure of the property under writ of fieri facias was...

.... Petition and rule by defendant to vacate order, set aside writ of fieri facias, and to direct sheriff to return certificates of stock to garnishee...pledged, and that plaintiff have execution for the certificates. A writ of fieri facias was issued, and the sheriff made actual levy upon the certificates, taking them into his possession. Defendant...represent; (2) that the certificates of stock were subject to levy under the fieri facias and sale under judicial process; and (3) that defendant's rule was improperly made absolute. Argued March 9, 1938. OPINION BY RHODES, J., June 29, 1938: This is an appeal from an order of the court below setting aside a writ of...

...been entered, and that respondent was in arrears in the payments, (2) an order of court that a writ of fieri facias be issued, and (3) the writ of fieri facias, none of these documents was a judgment...of child support by respondent had been entered, and that respondent was in arrears in the payments, (2) an order of court that a writ of fieri facias be issued, and (3) the writ of fieri facias. [1... Jo Ann Manley v. Edward A. Manley No. 77-574 Colorado Court of Appeals. Decided November 2, 1978...

...Doyle as was required by law, a writ of fieri facias was obtained and trucks owned by defendant Clarence Doyle were seized; also, garnishment proceedings were instituted against Guth Dairy, Inc. Defendant...Clarence Doyle then instituted the present proceedings, requesting that the writ of fieri facias and garnishment be set aside and enjoined since no notice of judgment had been served on him as...ordered the writ of fieri facias and garnishment set aside, but refused to grant a motion for a new trial. The motion for a new trial should have been granted because there was not...

...against Edgar Crockett and Blanche Crockett, his wife, caused to be issued a writ of fieri facias on said judgment, under which defendants' interest in certain leasehold property was levied upon and...sold by the sheriff. Defendants filed a motion to quash the writ of fieri facias, and Isidore Gordon Preissman, purchaser of the property at the sheriff's sale, was granted leave to intervene in the...proceedings. From an order quashing the writ and setting aside the sale of the property, Isidore Gordon Preissman appeals. Order quashing writ of fieri facias and setting aside sale...

.... Proceeding for possession of real estate sold at sheriff's sale. Order entered directing writ of possession to be issued, opinion by PALMER, P.J. Defendants appealed. B.J. Duffy, Sr., of Duffy Duffy, for appellants. Randall W. Snyder, with him James D. Williamson, for appellee. Judgments — Lien — Time — Conveyance of real property — Revival — Writ of fieri facias — Necessity...facias within five years of the entry of the judgment. 2. In such case, a writ of fieri facias may be issued on the judgment within the period of five years from the date of the...suggestion of plaintiff's death was filed, and his administratrix d.b.n.c.t.a. was substituted as plaintiff. On July 13, 1942, a writ of fieri facias was issued on the judgment. Levy was made upon...

...executory in the First Parish Court of Jefferson Parish, and on the same date caused a writ of fieri facias to issue. By supplemental petition, Sun Sales made Boimare Construction Corporation garnishee and...garnishee had answered the interrogatories. On August 3, 1967, the Sheriff returned the writ of fieri facias to the court "unsatisfied." On June 13, 1968, Sun Sales...-R.S. 13:3925 and that there was no outstanding writ of fieri facias to support a garnishment. The matter came on for hearing on August 13, 1968. According to the trial judge's...

...). La. Code Civ.Proc.Ann. arts. 926(8), 928 (West 1984). At Spahr's request, appellant Galan's office issued a writ of fieri facias on...face of the writ instructed the sheriff to "make return to our said Court (within one year), according to law," giving notice of the rule of Louisiana law that a "seizure may be made under a writ of fieri facias only.... Code Civ.Proc.Ann. art. 2294 (West 1961). Around the time the clerk issued the writ of fieri facias, Spahr filed a supplemental petition seeking garnishment of Altonette...

.... This is a suit to dissolve a wrongful seizure under fieri facias and to recover damages from the judgment creditor. The latter appeals from judgment rescinding the writ of fieri facias...Hurley Moses and wife on October 16, 1968. Immediately after confirmation, American Bank's attorney instructed the deputy clerk to issue a writ of fieri facias to seize certain property belonging to the...appropriate method by which to secure the annulment of an unlawful writ of fieri facias. The Code article does not, however, provide that this is the only way to secure relief from an improper-seizure...

...the Prothonotary of Erie County in the respective amounts of $937.05 and $2,294.00. Shortly thereafter, on September 17, 1954, a writ of fieri facias was issued at the instance of the Commonwealth of...only from the time that a writ of fieri facias, or other writ of execution, is delivered to the sheriff to be executed. Section 308.1 of the Pennsylvania Unemployment Compensation Law provides as follows: "No writ of fieri facias, or...property of the delinquent employer from the date it is entered in the prothonotary's office or not until the lien has been reduced to judgment and a writ of fieri facias has been issued and delivered...

...does not permit any variation in the language of the writ of fieri facias as set forth in said statute. Mr. Milton R. "Mickey" Skyring Clerk/Judicial Administrator City Court City of...: "May the clerk of the City Court of Baton Rouge substitute the words `as requested in attachment judgment' instead of actually typing the wording of the judgment on a writ of fieri facias." The...change you would like to make in the standard form for a writ of fieri facias, would certainly seem to have the potential for saving both time and...

... LUCIUS W. STOCKTON AND DANIEL MOORE, PLAINTIFFS IN ERROR, v. HARRIET BISHOP, DEFENDANT. JANUARY TERM, 1844. On the 11th of January, 1844, the plaintiff below sued out a writ of fieri facias and placed it in the hands of the marshal, returnable on the 20th of May. Coxe moved to quash the writ of fieri facias, as having been irregularly issued. An execution, issued in the court below, after a writ of error has been sued out, a bond given, and a citation issued, all in due time, may be quashed either in the court below or this court — these things operating as a stay of execution. IN the Circuit Court of the United States for the western district of Pennsylvania, Harriet Bishop, the defendant in error and a citizen of the state of Ohio, obtained a judgment against Stockton and Moore for $6500 damages and costs, on the 7th of December, 1843. On the 15th of December, 1843, Stockton and Moore entered into a bond with Hugh Campbell as surety, for the prosecution of a writ of error to this court, which was approved by the judge, and, on the same day, a writ of error and citation were sued out. On the 16th of December, 1843, the citation was returned served on R. Biddle, Esq., attorney of defendant in error. Mr. Justice STORY delivered the opinion of the court. Upon the facts stated in the application, there is no doubt that the writ of error, bond, and citation, having been given in due season according to law, operated as a stay of execution, and that a supersedeas to the fieri facias ought to issue from this court, to supersede and quash the same, as prayed for in the motion. Indeed, the issuing of the execution was wholly irregular, and it might have been quashed by an application to the court below. But it is equally competent for this court to do the same thing in furtherance of the purposes of justice. The motion is, therefore, granted, and a supersedeas will be issued accordingly. ORDER. UNITED STATES OF AMERICA, ss.: The President of the United States of America To the Honourable the Judges of the Circuit Court of the United States for the western district of Pennsylvania, and to the Marshal of the United States for the said district, greeting: WHEREAS, lately in the said Circuit Court, ____ before you, or some of you, in a cause between Harriet Bishop, plaintiff, and Lucius W. Stockton and Daniel Moore, defendants, judgment was rendered by the said Circuit Court on the 7th December, 1843, in favour of the said plaintiff and against the said defendants, for the sum of $6500 and costs of suit, and on the 15th December, 1843, the aforesaid defendants, with sufficient security, filed their bond in error, which was approved by the judge of the District Court, so as to operate as a supersedeas, the defendants having sued out a writ of error in due form and time, and a citation having been regularly taken out, served upon the defendant in error and duly returned, as by the inspection of the transcript of the record of the said Circuit Court, which was brought into the Supreme Court of the United States, by virtue of a writ of error, agreeably to the act of Congress in such case made and provided, fully and at large appears. And whereas, in the present term of January, in the year of our Lord one thousand eight hundred and forty-four, it is made to appear on affidavit to the said Supreme Court of the United States, that, notwithstanding the premises, the aforesaid plaintiff in the said Circuit Court caused a writ of fieri facias to be issued on the 11th day of January, 1844, upon the judgment obtained in said cause, and to be placed in the hands of the aforesaid marshal for service and satisfaction thereof: On consideration whereof, it is now here ordered by this court that a writ of supersedeas be, and the same is hereby awarded to be directed to the aforesaid marshal, commanding and enjoining him and his deputies, to stay every and all proceedings upon the said writ of fieri facias, and that he return the said execution with the writ of supersedeas to the said Circuit Court, and that the judges of the said Circuit Court do cause the said writ of execution to be quashed, the same having been unjustly, improvidently, and erroneously issued out of the said court, at the instance of the said plaintiff. You, therefore, the marshal of the United States for the western district of Pennsylvania, are hereby commanded that, from every and all proceedings on the said fieri facias or in any wise molesting the said defendants on the account aforesaid, you entirely surcease, as being superseded, and that you do forthwith return the said fieri facias, together with this supersedeas to the said Circuit Court, as you will answer the contrary at your peril. And you the judges of the said Circuit Court are hereby commanded that such further proceedings be had in the premises, in conformity to the order of this court, and as according to right and justice, and the laws of the United States ought to be had, the said execution notwithstanding. WITNESS the Honourable Roger B. Taney, Chief Justice of the said Supreme Court, the 13th day of March, in the year of our Lord one thousand eight hundred and forty-four. WM. THOS. CARROLL, Clerk of the Supreme Court of the United States. ...