DURESS THROUGH CIVIL LITIGATION: II

Authors

John P. Dawson, University of Michigan Law SchoolFollow

Abstract

Where litigation has progressed to the stage of a final judgment under which execution is immediately available, the initial obstacles already suggested to relief for duress appear to exist in magnified form. The judgment itself establishes the legitimacy of the original demand. Though the coercion threatened is immediate, it has been supplied by general rules of procedure for the specific purpose of compelling satisfaction. It appears from numerous decisions and is even more frequently assumed that a settlement induced by threat of immediate issuance of execution under a valid, final money judgment cannot be duress, whatever the nature of the assets against which process will operate (land, goods, or debts).

Recommended Citation

John P. Dawson, DURESS THROUGH CIVIL LITIGATION: II, 45 Mich. L. Rev. 679 (1947).
Available at: https://repository.law.umich.edu/mlr/vol45/iss6/3