691. (679.) Judgments, how enforced.-481. When a judgment requires the payment of money or delivery of real or personal property, the same may be enforced in those respects by execution as provided in this act. Where it requires the performance of any other act, a certified copy of the judgment may be served upon the party against whom it is given, or upon the person or officer who is required thereby, or by law, to obey the same, and his obedience thereto enforced; if he refuse, he may be punished by the court as for contempt.

692. (680.) No execution against body or property, when.-483. No execution against the body shall be issued while an execution against the property remains unreturned, nor shall an execution against the property be issued while there is an execution against the body unreturned.

It must appear that the judgment can not be collected by ordinary process before an execution can be issued against the body. Such a proceeding is a civil action. Baker v. State, ex rel., 109 Ind. 47.

693. (681.) To whom issued.-484. When the execution is against the property or body of the judgment debtor, it may be issued to the sheriff of any county in the state. Where it requires the delivery of real or personal property, it must be issued to the sheriff of the county where the property, or some part thereof, is situated.

694. (682.) Requisites of.-485. The execution must issue in the name of the state, and be directed to the sheriff of the county, sealed with the seal, and attested by the clerk of the court. It must intelligibly refer to the judgment, stating the court where and the time when rendered, the names of the parties, the amount, if it be for money, and the amount actually due thereon; and shall require the sheriff substantially as follows:

First. If it be against the property of the judgment debtor, it shall require the sheriff to satisfy the judgment out of the property of the debtor subject to execution.

Second. If it be against real or personal property in the hands of personal representatives, heirs, devisees, legatees, tenants of real property, or trustees, it shall require the sheriff to satisfy the judgment out of such property.

Third. If it be against the body of the judgment debtor, it shall require the sheriff to arrest such debtor and commit him to the jail of the county until he shall pay the judgment, or be discharged according to law.

Fourth. If it be for the delivery of the possession of real or personal property, it shall require the sheriff to deliver the possession of the same, particularly describing it, to the party entitled thereto; and may at the same time require the sheriff to satisfy any costs, damages, or rents and profits recovered by the same judgment out of the property of the party against whom it was rendered subject to execution, and the value of the property for which the judgment was recovered to be specified therein, if a delivery thereof can not be had; and shall, in that respect, be deemed an execution against property.

A mistake in reciting names of parties is immaterial where the judgment is plainly described. Hume v. Conduitt, 76 Ind. 598.

The execution should issue against all the defendants. Dandistel v. Kronenberger, 39 Ind. 405.

An execution valid upon its face justifies an officer acting under it. Gall v. Fryberger, 75 Ind. 98.

An execution for the delivery of personal property should require the delivery or collection of damages if delivery can not be made. Bales v. Scott, 26 Ind. 202. Executions may be amended, even after sale. Doe v. Rue, 4 Blkf. 263; Hutchins v. Doe, 3 Ind. 528; Rose v. Ingram, 98 Ind. 276; Warmoth v. Dryden, 125 Ind. 355.

695. (683.) Time of return.-486. The execution shall be returnable within one hundred and eighty days from its date.

If the return day falls on Sunday the execution will be returnable on the next day. Williams v. State, 5 Ind. 235.

If no property can be found an execution may be returned before the return day. Middlewood v. Nevitt, 7 Blkf. 51.

If an execution is levied before return day, a sale may be made afterwards. Lowry r. Reed, 89 Ind. 442; Rose v. Ingram, 98 Ind. 276.

Only nominal damages can be recovered for a failure to return an execution unless substantial damages are shown. State, ex rel., v. Blanch, 70 Ind. 204.

696. (684.) When may issue on Sunday.-490. An execution may be issued and executed on Sunday, whenever an affidavit shall be filed by the plaintiff, or some person in his behalf, stating that he will lose his judgment, as he has reason to fear and believe, unless process issue on that day.

697. (685.) Indorsement of clerk on such writ.-491. The clerk shall indorse on such execution that the defendants are not privileged from service on Sunday.

698. (686.) Lien on chattels-When first levy preferred.—487. When an execution against the property of any person is delivered to an officer to be executed, the goods and chattels of such person within the jurisdiction of the officer shall be bound from the time of the delivery; but if there be several executions, whether issued out of a court of record or by a justice of the peace, against the same defendant in the hands of different officers, that execution, without regard to the time of its delivery, under which the first levy is made shall have the preference, and all liens created by the prior delivery of any other execution shall be divested in favor of the execution first levied.

An execution is a lien against the defendant's personal property from the time it comes to the officer's hands; and this although he may not note the time. Johnson v. McLane, 7 Blkf. 501; Cones v. Wilson, 14 Ind. 465; Lindley v. Kelley, 42 Ind. 294. Lien of an execution is superior to the lien of a mechanic for repairs on chattels. McCrisaken v. Osweiler, 70 Ind. 131.

A writ of venditioni exponas with a fieri facias clause is a lien on all the chattels of the debtor. Durbin v. Haines, 99 Ind. 463.

Decrees for the sale of lands are liens on chattels from the time of delivery to the officer. Willson v. Binford, 54 Ind. 569.

The lien of an execution may be lost, or become secondary to other liens, by laches of the creditor. Zug e. Laughlin, 23 Ind. 170; Griffin v. Wallace, 66 Ind. 410.

An assignment for the benefit of creditors does not divest execution liens. Griffin e. Wallace, 66 Ind. 410; Marsh v. Vawter, 71 Ind. 22.

Nor proceedings in bankruptcy where levy is made before filing of petition. O'Hara v. Stone, 48 Ind. 417; McCabe v. Goodwine, 65 Ind. 288; Elston v. Castor, 101 Ind. 426. Executions levied at the same time become equal liens. Koeniger v. Creed, 58 Ind. 554; State, ex rel., v. Cisney, 95 Ind. 265.

Executions in the hands of different officers will have priority as liens from the time of levy. Moore v. Fitz, 15 Ind. 43.

The sale of property by a receiver where the execution creditor is not a party, will not divest the lien. Dann Co. v. Parkhurst, 125 Ind. 317.

A sale of goods made by the execution defendant after the writ has come to the officer's hand, does not affect the lien. Vandibur v. Love, 10 Ind. 54.

But the sale of such property so sold will be enjoined until the other property of the execution defendant is exhausted. Sidener v. White, 46 Ind. 588.

Executions are no liens upon property that is exempt from sale under execution. Barnard v. Brown, 112 Ind. 53; Ray v. Yarnell, 118 Ind. 112; State, ex rel., v. Harper, 120 Ind. 23.

An execution against one member of a partnership is only a lien on his share of the assets after payment of partnership debts. Donellan v. Hardy, 57 Ind. 393; Stumph v. Bauer, 76 Ind. 157; Williams v. Lewis, 115 Ind. 45.

If a levy is not made before the return day, the lien is lost. Chatten v. Gerber, 2 App. 386.

699. (687.) Sheriff's successor to execute writ, when.-492. If the sheriff die or go out of office before the return of any execution, his successor, or other officer authorized to discharge the duties of the office in such case, shall proceed thereon in the same manner that the sheriff should have done.

700. (688.) Alias execution.-545. The clerk, upon the return of an execution unsatisfied, shall issue another execution upon the judgment, and indorse thereon the amount of money levied by the former, if any.

701. (689.) To another county-Lien from levy.-606. An execution against property issued to another county shall bind the real estate of the defendant from the time of the levy.

Executions to other counties are liens from time of levy. Hamilton v. Ind. 283.

Byram, 122

702. (690.) Stay of-Time.-493. When judgment has been rendered against any person for the recovery of money or sale of property, he may, by procuring one or more freehold sureties to enter into a recognizance, acknowledging themselves bail for the defendant for the payment of the judgment, together with the interest and costs accrued and to accrue, have a stay of execution from the time of signing the judgment, as follows:

First. If the sum for which the judgment was rendered, inclusive. of costs, do not exceed six dollars, for thirty days.

Second. If such sum and costs exceed six and do not exceed twelve dollars, sixty days.

Third. If such sum and costs exceed twelve and do not exceed twenty dollars, ninety days.

Fourth. If such sum and costs exceed twenty and do not exceed forty dollars, one hundred and twenty days.

Fifth. If such sum and costs exceed forty and do not exceed one hundred dollars, one hundred and fifty days.

Sixth. If such sum and costs exceed one hundred dollars, one hundred and eighty days.

Judgments taken in actions to foreclose mortgages are repleviable. Niles v. Stillwagon, 22 Ind. 143; Skelton v. Ward, 51 Ind. 46.

The waiving of the benefit of stay of execution in a contract, will not be enforced. Devlin v. Wood, 2 Ind. 102; McLane v. Elmer, 4 Ind. 239.

For good cause shown a person signing a bail bond may be discharged by the court. Eberwine v. State, ex rel., 79 Ind. 266.

Judgments against an administrator, payable out of the estate, are not repleviable. Egbert v. State, 4 Ind. 399; Taylor v. Russell, 75 Ind. 386.

Bail can not be taken for stay of execution on part of a judgment. Sterne v. McKinney, 79 Ind. 578; Vincennes Bank v. Cockrum, 80 Ind. 355.

Fraud on the part of the plaintiff may be cause for releasing replevin bail. Lepper . Nuttman, 35 Ind. 384.

The judgment upon a guardian's bond, by statute, is not repleviable. Bescher v. State, 63 Ind. 302.

If judgment be stayed by agreement of parties, the agreement must be certain as to the time fixed, else it can not be enforced or recognized. Irwin v. Helgenberg, 21 Ind. 106.

703. (691.) Bail, how taken-Its effect.-494. The bail for stay of execution may be taken and approved by the clerk, and the recognizance entered of record at any time before the term of the stay of execution expires. The undertaking in the recognizance shall be for the payment of the judgment, interest, and costs that may accrue at or before the expiration of the term of the stay of execution. The recognizance shall be written immediately following the entry of the judgment, and signed by the bail.

The statute, as to the place where the recognizance shall be written, is merely directory. Williams v. Beisel, 3 Ind. 118.

An entry of replevin bail after the judgment has become unrepleviable is not a judgment, and can not support an execution. Osborn v. May, 5 Ind. 217; Eltzroth v. Voris, 74 Ind. 459.

Informalities in the manner of taking bail are cured by statute. Hawes v. Pritchard, 71 Ind. 166; Croy v. Busenbark, 72 Ind. 48.

Bail will be valid though not formally approved by the clerk. Ensley v. McCorkle, 74 Ind. 240.

Where a judgment against several persons is replevied, a reversal of the judgment as to one releases the bail. Baker v. Merriam, 97 Ind. 539.

704. (692.) Clerk to notify sheriff-Return.-495. When the bail is entered after execution issued, the clerk shall immediately notify the sheriff of the stay, and he shall forthwith return the execution, noting his doings thereon.

As to the effect on the rights of sureties where an execution is improperly returned and liens are lost, see Sterne v. McKinney, 79 Ind. 578.

705. (693.) Clerk's indorsement on repleviable judgment.-496.

When execution issues for want of bail before the term for stay expires, the clerk shall indorse thereon the date of the judgment, and that the same is repleviable.

706. (694.) Stay for residue.-497. In such case the defendant. may have a stay of execution for the residue of such term, by putting in bail, to be approved by the sheriff, and indorsed thereon, and signed by the bail.

707. (695.) Recognizance, where copied.-498. The sheriff, having taken the bail, shall immediately return the execution, with his doings thereon, to the clerk's office, and the recognizance shall be copied by the clerk in the execution docket, and shall have the same force as if taken by the clerk.

708. (696.) Property levied on to be relinquished.-499. All property levied on before stay of execution, and all written undertakings for the delivery of personal property to the sheriff, shall be relinquished by the officer, upon bail for the stay of execution being entered.

709. (697.) Bail-Effect of judgment confessed.-500. Every recognizance of bail, taken as above provided, shall have the effect of a judgment confessed, from the date thereof, against the person and property of the bail.

The effect of the entry of replevin bail is that of a judgment confessed. Niles v. Stillwagon, 22 Ind. 143; Vincennes Bank v. Cockrum, 64 Ind. 229; Baker v. Merriam, 97 Ind. 539; Hardenbrook v. Sherwood, 72 Ind. 403.

But the parties are not estopped as in the case of ordinary judgments. Eberwine v. State, ex rel., 79 Ind. 266.

If the judgment is not properly indexed in the name of the bail, it will not be a lien as to subsequent purchasers. Travelers' Co. v. Patten, 98 Ind. 209.

710. (698.) Joint execution.-502. At the expiration of the stay it shall be the duty of the clerk to issue a joint execution against the property of all the judgment debtors and replevin bail; but the sheriff shall first levy upon the property of the judgment defendants, if sufficient can be found; if not, he shall then, without delay, levy the execution upon the property of the bail. But no property of the bail shall be sold while property of the original judgment debtor, subject to the execution, can be found in the county.

The clerk should not issue execution without an order. Lewis v. Phillips, 17 Ind. 108; Nunemacher v. Ingle, 20 Ind. 135.

An injunction will lie to prevent the sale of the property of the bail until that of the principal is exhausted. Elson v. O'Dowd, 40 Ind. 300; Johnson v. Harris, 69 Ind. 305. Replevin will not lie against an officer to recover property of bail levied on before the property of the principal is exhausted. Miller v. Hudson, 114 Ind. 550.

The bail by permitting his property to be sold before that of the principal does not lose any of his rights. Armstrong v. Farmers' Bank, 130 Ind. 508.

711. (699.) When stay not allowed-Return limited.-503. No stay of execution shall be allowed upon any judgment recovered against any officer, person, or corporation, or the sureties of any of