Brown v. Ayer
Supreme Court of Georgia
Scire facias to revive judgment, from Muscogee. Tried, before Judge Worrill, May Term, 1857. In 1837, Iienry Brown brought an action of trover against Alpha K Ayer. Upon the common law trial there was a verdict for plaintiff, from which the defendant Ayer appealed, and Bates became his surety on the appeal.
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Scire facias to revive judgment, from Muscogee. Tried, before Judge Worrill, May Term, 1857. In 1837, Iienry Brown brought an action of trover against Alpha K Ayer. Upon the common law trial there was a verdict for plaintiff, from which the defendant Ayer appealed, and Bates became his surety on the appeal. Upon the trial on the appeal, there was a verdict for plaintiff for the sum of $1,500, and judgment entered against Ayer, and his security Bates, 15th May, 1839, for this sum, and fi. fa. issued thereon. Afterwards, on the 23d, Nov., 1844, before said judgment or any part thereof was paid,…
1Opinion of the Court
McDonald J.,
By the Court. delivering the opinion.
The plaintiff is attempting to revive a dormant judgment against the defendants. The plea sets forth the defence fully. The evidence of the defendants supports the plea, and the reply of the plaintiff by proof, presents matter of evidence on which he relies to defeat the effect of the plea. The plaintiff insisting that the plea was insufficient in law to bar the plaintiff’s action, demurred to it. The Court below overruled the demurrer, and the judgment on the demurrer is excepted to and assigned as error.
The parties proceeded to trial, and…
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