Rogers v. Jordan

1. Where one of several defendants in a dormant judgment is dead, and yhere he has left no estate or his estate is insolvent, the judgment may be revived as to the surviving defendants only. It would be a useless and futile act to obtain the appointment of an administrator upon the estate and revive the judgment as against the insolvent estate of the deceased defendant. This ruling is not in conflict with the decision in the case of Funderburk v. Smith, 74 Ga. 515, that a dormant judgment could not be revived without making a nonresident defendant a party. 34 C. J. 677. See, in this…