Legal Opinion

Armstrong v. Harper

Court of Appeals of Georgia

Decided March 11, 1920No. 10984PublishedCited by 2 opinions

Complaint; from city court of Reidsville — Judge Cowart. September 2, 1919.

1Opinion of the CourtSmith, J.

1. A dormant judgment is a chose in action. Where an administrator .in his representative capacity obtained a judgment against several defendants, the right to revive the judgment after it became dormant was in the administrator, and not in the heirs at law. See Hill v. Maffett, 3 Ga. App. 89 (59 S. E. 325) ; Moughon v. Masterson, 140 Ga. 699, 704 (79 S. E. 561).

2. Under the above ruling the court did not err in rejecting the amendment which sought to change the petition so that the suit should proceed in the name of the plaintiff as administratrix of the estate of J. W. Olliff, deceased, for…

2Cases cited3 opinions

  1. Hill v. MaffettCourt of Appeals of Georgia · 1907
  2. Moughon v. MastersonSupreme Court of Georgia · 1913
  3. Funderburk v. SmithSupreme Court of Georgia · 1885

3Cited by2 opinions

  1. Canal Insurance Co. v. CambronSupreme Court of Georgia · 1978
  2. Carter v. MartinCourt of Appeals of Georgia · 1927

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