Custer

Custer v. McCutcheon

Good Law
41 F.2d 354·1930 U.S. App. LEXIS 2789
United States Court of Appeals for the Ninth CircuitJune 9, 1930No. 6079California1,084 words

Opinion

Lead Opinion

Dietrich, J.

The posture of the ease in point of fact need not be explained, for by the parties it is agreed the record exhibits only a general question of law, namely, whether npon a judgment for money, recovered by the United States against a citizen, in the United States District Court for the District of Idaho, an execution may issue more than five years after the entry thereof. By the court below the question was answered in the affirmative.

Section 916 of the United States Revised Statutes (28 USCA § 727) provides that:

“The party recovering a judgment in any common-law cause in any district court, shall be entitled to similar remedies npon the same, by execution or otherwise, to reach the property of the judgment debtor, as are provided in like causes by the laws of the State in which such court is held, or by any such laws which may subsequently he enacted and adopted by general rules of such district court; and such courts may, from time to time, by general rules, adopt such State laws as may be in force in such State in relation to remedies upon judgments, as aforesaid, by execution or otherwise.”

Standing Rule 73 of the United States District Court for Idaho is as…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.