New 55% Off on All Courses - Enroll Now! Click Here

    Question

    An executing court

    can
    A Vary the terms of the decree Correct Answer Incorrect Answer
    B Modify the terms of the decree Correct Answer Incorrect Answer
    C Both modify and vary the terms of the decree Correct Answer Incorrect Answer
    D Only modify but not vary the terms of the decree Correct Answer Incorrect Answer
    E Neither modify nor vary the terms of the decree Correct Answer Incorrect Answer

    Solution

    As a general rule, territorial jurisdiction is a condition precedent to a court executing a decree, and, therefore, no court can execute a decree in respect of property situate entirely outside its local jurisdiction. An executing court cannot go behind the decree. It must take the decree as it stands and execute it according to its terms. It has no power to vary or modify the terms. It has no power to question its legality or correctness. This is based on the principle that a proceeding to enforce a judgment is collateral to the judgment and therefore, no inquiry into its regularity or correctness can be permitted in such a proceeding

    Practice Next