Execution of decree

Sometimes from the neglect of parties, or some other cause, it became impossible to carry a decree into execution without the further decree of the court upon a bill filed for that purpose. This happened generally in cases where, parties ha-ping neglected to proceed upon the decree, their rights under it became so embarrassed by a variety of subsequent events that it was necessary to have the decree of the court to settle and ascertain them. Such a bill might also be brought to carry into execution the judgment of an inferior court of equity, if the jurisdiction of that court was not equal to the purpose ; as in the case of a decree in Wales, which the defendant avoided by fleeing into England. This species of bill was generally partly an original bili, and partly a bili in the nature of an original bill, though not strictly original. Story, Eq. PI.

342; Daniell, Ch. Pr. 1429.