The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1894-09-04
Written for THE PROGRESSIVE FARMER.1
POPULAR TALKS ON LAW.
Stay Of Execution.
BY WIN. O. sPRAGUR.

OF the parties, as where a compromise
is the consideration; or, it may be or
dered by the court for some cause
shown; or, it may be the legal effect of
appeal or writ Of error tot higher court.
Courts having an inherent supervisory
power over their process, may stay an
execution whenever it is necessary to
prevent or correct an abuse thereof,
according to the justice and equity of
each particular case, and in case of
courts of a general jurisdiction, this
power extends ever to the granting of
a perpetual stay. In many of the States
there are special statutes or "stay
laws" providing for the stay of execu-
ton during a certain period on the
fling of a bond or the giving of other
security, and in order to obtain a stay
under such statutes, their provisions
must be strictly complied with. The
statutes of the various States differ
widely OF this subject. We will first
determine from the statutes how long
a judgment before a justice Of the
peace may be stayed, and, finally, how
long judgments rendered in courts of
record may be stayed.
In the following States no stay of
execution is allowed on a judgment be-
fore a justice Of the peace: Alabama,
Arizona, California, Colorado, Con-
necticut, Florida, Idaho, Illinois,
Louisiana, Maine, Massachusetts,, Mis-
souri,, Montana, Nevada, New Mexico,
New York, North Dakota, Oregon,
Rhode Island, South Carolina, Utah
and Vermont.
In Arkansas a stay of 6 months is
granted. In Delaware 9 months. In
Indian Territory, Kent 1cky and Texas,
8 months. In Tennessee, 8 months. In
Virginia, 80, 80 or 80 days. In Wyom-
ing, not more than 60 days. In the
District of Columbia, one month, where
the Judgment is between S. to $50 in
amount, 2 months between $40 to $40,
4 months between $40 and $75, 6months
between $75 and 800 In Georgia, 40
days, where the judgment is under $50,
80 days where over that amount. In
Indiana, 80 days, where the judgment
does not exceed Sc, 60 days where over
Sc and under $12, 80 days where over
SIP and under $50, 100 days where over
$50 and under $40, $50 days where over
$40 and under $75, 180days where over
$75. In Iowa, 8 months, when the
Judgment does not exceed 800, b
months if over 800. In Michigan, 4
months from the commencement of the
suit on judgments not over $50, 6
months where over Judgmentsagainst
corporations and for personal service
cannot be stayed. In Minnesota, one
month, where under SO, 2 months
where from SO to $25, 8 months from
$25 to $50 4 months where from $50 to
$75, 6 Months where more than $75. In
Mississippi, 80 days where the judg-
ment is $50 Or less, otherwise, go days.
In Nebraska, so days, where the judg-
ment is $40 or less, 80 days from $40 to
$50, 6 months from $50 to 800, 9 months
from 500 to 800. In New Hampshire
the stay is left to the discretion of the
justice. In New Jersey, one month for
SIS or less, 8 months from SIS to 500,
6 months when over So. In North
Carolina, n month, not exceeding $25,
8 months from $25 to $50, 4 months
from $50 to 500, 6 months for over
500. In Ohio, go days, in amounts of
S. or less, 80 days from s. to $50, $50
days from $40 to $50, 24O days for over
$50. In Oklahoma, 80 days for judg-
ments more than IS and less than $12,
so days for more than $12 and less than
$40, 12O days for more than $50 and less
than $40, $50 days for $40 to 800, 100
days for more than 500. In Pennsyl-
vania, 8 months for $50 or under, 6
months from $50 to $50, 9 months for
over $50. In this State no stay is
allowed upon a Judgment entered upon
by confession or IN q warrant of attor
ney after maturity. In West Virginia,
2 months on $50 or under, 4 months on
S. TO 800, 6 months for more than 800.
In Wisconsin, one month on SO or un-
der, 2 months from $40 to $50, 4 months
on $50 to $50. Executions against ccr-
porations and on judgments of Wages
for labor cannot be stayed.
In the case of judgments rendered of
courts of record no stay is allowed In
the States of Alabama, Arizona, Cali
fornia, Connecticut, District of Column
bia, Florida, Idaho. Illinois, Kansas,
Louisiana, Maine, Massachusetts,, Mich
igan, Mississippi, Missouri, Montana,
Nevada. New Jersey, New Mexico.