American Agricultural Chemical Co. v. Thomas

Mr. Associate Justice Fishburne

delivered the majority Opinion of the Court.

This action was brought on July 14, 1944, upon a default judgment of $727.24, obtained by the plaintiff on July 22, 1924, against the defendant, F. L. Thomas.

The judgment was based upon certain notes, and remained inactive for a period of nineteen years, eleven months, and twenty-two days, when the present action was commenced. So far as the record discloses, no execution had ever been levied upon the judgment; and within the ten-year period provided by Section 743(2) of the Code, no attempt had been made to preserve…