TaiLexi AI U.S. Case Law

Cline v. Green

Cline v. Green, 1 Blackf. 53 (1820)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Indiana Supreme Court · State Highest Courts
Decided
July 11, 1820
Judges
Holman
Citations
1 Blackf. 531820 Ind. LEXIS 1
Headnotes
A motion to quash an execution without notice, is irregular, and cannot be sustained. The plaintiff is considered in Court whilst the suit is pending, but not after judgment is obtained.
Summary
ERROR to the Dearborn Circuit Court. — -An execution issued in favour of Cline on a judgment against Green, whose property was thereupon taken and sold. Afterwards, this execution and the proceedings thereon, upon the motion of Green, and without any previous notice to Cline, were quashed by the Circuit Court, on the ground that the execution had issued without the order of the plaintiff.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Holman

Text extracted by OCR from a scanned original; check the original for exact wording.

Holman, J.

The grounds on which this motion was sustained are unimportant, inasmuch as a previous notice of the motion was indispensible. Every individual has an unquestionable right of being heard when his interest is jeopardised by legal proceedings; but unless he has notice of those proceedings, he has no opportunity of being heard. While a suit is depending the plaintiff is considered in Court, and ready to support his right; but when the judgment is obtained, judicial proceedings are at an end, and the plaintiff is considered in Court no longer* Every objection afterwards made to the manner in which *54 the judgment is executed, is, in legal intendment, made without his knowledge, unless he is specially notified thereof. There can, therefore, be no question but that the plaintiff should have had notice of the time when this motion was intended to have been made, that he might have been prepared to have defended himself against its effect.

Lane, for the plaintiff.

Per Curiam.

The judgment quashing the execution and subsequent proceedings thereon, is reversed with costs.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1866–1867: 11884–1885: 11900–1901: 118662026peak 1866 · 1

Relies on it most ⓘ

  1. Jackson v. Fulton87 Mo. App. 228 (1901)
  2. Ewing v. Wilson & Howell63 Tex. 88 (1885)
  3. Osborn v. Cloud21 Iowa 238 (1866)

Most recent

  1. Jackson v. Fulton87 Mo. App. 228 (1901)
  2. Ewing v. Wilson & Howell63 Tex. 88 (1885)
  3. Osborn v. Cloud21 Iowa 238 (1866)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list