tingent interest in land or other property, an order may be obtained appointing some named person receiver to receive the debtor's interest in the property, and so to make it available for satisfaction of the judgment. This is commonly called "equitable execution." When the demand of the judgment creditor is satisfied, either by the voluntary payment of the debtor, or by this compulsory process, or otherwise, satisfaction may be entered on record, to the end that the debtor may not be liable to be hereafter harassed a second time on the same account (t). VI. Appeal. The judgment obtained in the High Court, may, if erroneous, be reversed or varied by the Court of Appeal (u). Before the Judicature Acts, the method of setting right a final common law judgment, where the fault appeared by the record itself, was by proceedings in error (x); and, in the case of a decision (t) Crown Debts and Judgments Act, 1860, s. 2; Lis Pendens Act, 1867; Arch. Practice (14th ed.) 779. (u) An erroneous judgment might also, formerly, have been redressed (or relieved from) on a writ of attaint (vide sup. p. 608); or on a writ of deceit; or on a writ of auditâ querelâ. A writ of deceit (abolished by the Real Property Limitation Act, 1833, s. 36) was an action brought in the Common Pleas to reverse a judgment obtained in a real action, by fraud or collusion between the parties, to the prejudice of a third person. And a writ of auditâ querela was a writ for a defendant against whom judgment has been given, but who was entitled to be relieved upon some matter of discharge since the judgment, as a general release from the plaintiff, or payment of the debt sued for. It stated that the complaint of the defendant had been heard, auditâ querelâ defendentis; and set forth the matter of complaint, and enjoined the court to call the parties before them, and cause justice to be done. By Ord. XLII. r. 27, no proceeding by auditâ querelû may now be used ; but any party may apply summarily for a stay of execution or relief against a judgment, upon the ground of facts which have arisen too late to be pleaded. (2) Proceedings in error used, at one period, to begin by a writ sued out of the common law side of the Court of Chancery, addressed to the chief justice of the court in which the judgment was given, and commanding him to of the court in regard to an application for a new trial, or as to a point reserved (y), was by way of appeal. But the Judicature Acts abolished proceedings in error altogether, and substituted an appeal, in all cases, where the Court of Appeal had occasion to deal with what had taken place in the High Court. And these. Acts have also given the Court of Appeal much more elastic powers than were exercised in the previous Courts of Error, having provided (in effect) that the Court of Appeal shall have all the powers and duties, as to amendment and otherwise, of the court of first instance, with full discretionary power to receive further evidence (not raising an altogether new and inconsistent case) upon questions of fact, and generally to give such judgment as ought to have been given in the High Court (). The Court of Appeal may also deal with any interlocutory order made in the action, including (if leave be given by the court or judge making the order) orders as to discretionary costs, and orders made by consent (a). But, except by special leave, no appeal may be made from an interlocutory order after the expiration of fourteen days, or any other appeal after the expiration of three months (b). And no appeal now operates as a stay of execution, or as a stay of proceedings under the judgment, order, or other decision appealed from, except so far as the court appealed from (or any send a transcript of the record to the Court of Error; but, by the Common Law Procedure Act, 1852, s. 148, this writ was dispensed with in almost every case (Arding V. Holmer (1856), 26 L. J. Exch. 72). There were errors in fact, and errors in law, --an instance of the first kind being, that the defendant being an infant appeared by solicitor instead of guardian; and an error in law was founded on some mistake in law apparent on the face of the record, such as might have formed the subject of a demurrer. (y) Common Law Procedure Act, 1854, ss. 34, 35. (z) Ord. LVIII. r. 4. This includes the power of ordering a new trial (Ord. LVIII. r. 5); and so, conversely, upon an application for a new trial, the Court of Appeal may treat the application as an appeal (Ord. XL. r. 10). (a) Act of 1873, s. 49. (b) Ord. LVIII. r. 15 (as amended November, 1893). judge thereof), or the Court of Appeal itself, may direct (c). All appeals from the High Court of Justice to the Court of Appeal are by way of rehearing (d). The appeal is brought by a notice of motion (e), such notice being served upon all the parties directly affected by the appeal, and on them alone; but the Court of Appeal may direct the notice of appeal to be served on any person, whether a party or not to the action, postponing or adjourning the hearing of the appeal in the meantime, upon such terms as shall be just (ƒ). All appeals from final judgments or orders are determined before not less than three judges of the court sitting together; and all appeals from interlocutory orders, before two judges so sitting (g). Having now stated all the proceedings in an action from the commencement thereof by writ of summons to the conclusion thereof by judgment and execution thereon, or by appeal, we may summarize the various steps or stages in the action, with the times appointed for each. |