Walker v. Turner

Candler, Justice.

(After stating the foregoing facts.) “A dormant judgment may be revived by scire facias or sued on within three years from the time it becomes dormant.” Code, § 110-1002. In the instant case a proceeding was filed and scire facias issued on July 12, 1943, to revive a judgment which was rendered June 1, 1930. Clearly a right to revive the judgment was barred by the statute, but it is now too late to raise that issue for the first time. It should have been raised by an appropriate plea to the scire facias. In Helms v. Marshall, 121 Ga. 769, 770 (49 S. E. 733), this court held:…