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eBook details

• Title: Insurance Company v. Hallock
• Author : United States Supreme Court
• Release Date : January 01, 1867
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

Mr. R. M. Corwine, for the plaintiff in error: Did the omission to use the seal of the court make the order void, or was it avoidable merely? The general rule in judicial sales is, that the purchaser is not bound to look beyond the 'judgment, levy, and sale.' All other steps (such as the issuing of an execution after a year and a day without a revivor) are merely directory to the officer.3 As between the parties to the process, or their privies, the return is usually conclusive, and not liable to be collaterally impeached. In Sowle v. Champion, in the Supreme Court of Indiana,4 it was held that an order of sale, issued on a decree of foreclosure, which did not set out a copy of the decree, was informal, under the statute, but was not void, and if not set aside on the defendants' motion, that all acts done under it were valid. Yet the direction of the code, 'that a copy of the order of sale and judgment shall be issued,' is as stringent and mandatory as that other direction, that it 'shall be issued and certified by the clerk under the seal of the court,' &c. If the one is merely directory, the other is so also.

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