Responsa על בבא מציעא 138:1
Teshuvot Maharam
Q. Must a court decree be dated, since, otherwise, a creditor who obtains a later decree would be able to enforce his rights thereunder, prior to the creditor who received the former decree.
A. It is advisable to include the date in a court decree, but not for the reason cited. A creditor, whose bond is dated before the bond of his fellow creditor, should receive a prior lien if execution is to be issued upon real property; but if execution is to be issued upon personal property, the creditor who seizes the property first has a prior lien without regard to the date of his bond. In any case, the date of the court decree is immaterial. Moreover, no undated document is invalid except a divorce.
SOURCES: Cr. 281; Pr. 525.
A. It is advisable to include the date in a court decree, but not for the reason cited. A creditor, whose bond is dated before the bond of his fellow creditor, should receive a prior lien if execution is to be issued upon real property; but if execution is to be issued upon personal property, the creditor who seizes the property first has a prior lien without regard to the date of his bond. In any case, the date of the court decree is immaterial. Moreover, no undated document is invalid except a divorce.
SOURCES: Cr. 281; Pr. 525.
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Teshuvot Maharam
Q. How long after a decision of a court has been rendered, is a party to the suit entitled to a statement as to the reasons underlying such decision? Within what period, after a decision has been rendered, can a person appeal to a higher court? Must one declare before the local court that he will seek an appeal?
A. If a party to a suit originally wanted to bring his case to a higher court but was forced to try it at the local court, he is entitled to a written statement of the reasons for the decision, and he may appeal his case at any time. But if both parties agreed to have their case tried by the local court, the court is under no obligation to give any written opinion.
SOURCES: Cr. 281; Pr. 524; Mord. Sanh. 708; Hag. Maim. Sanhedrin, 6, 7.
A. If a party to a suit originally wanted to bring his case to a higher court but was forced to try it at the local court, he is entitled to a written statement of the reasons for the decision, and he may appeal his case at any time. But if both parties agreed to have their case tried by the local court, the court is under no obligation to give any written opinion.
SOURCES: Cr. 281; Pr. 524; Mord. Sanh. 708; Hag. Maim. Sanhedrin, 6, 7.
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