Gross v. Mims
Supreme Court of Georgia
Executions. Amendment. Levy and sale. Presumption. Judgments. Before Judge Johnson. Screven Superior Court. May Term, 1879. An execution dated October 21st, 1861, against Gross and others, in favor of Mims, was, on March 26th, 1877, levied upon the property of Gross.
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Executions. Amendment. Levy and sale. Presumption. Judgments. Before Judge Johnson. Screven Superior Court. May Term, 1879. An execution dated October 21st, 1861, against Gross and others, in favor of Mims, was, on March 26th, 1877, levied upon the property of Gross. He interposed an affidavit of illegality, setting up the following grounds : 1st. If any judgment was ever entered up against this deponent and the other defendants, the. execution does not follow such judgment, in this, that the verdict was in favor of the plaintiff against “ Thomas Gross, E. C. Davis, J. W. Bates, and J. W.…
1Opinion of the Court
Bleckley, Justice.
1. A fi. fa. may be amended so as to conform to the judgment from which it issued. Code, §3495. Even the clerk, without action by the court, may amend “any mistake” which he has made in issuing an execution, lb. §3496. Amending efi.fa. does not involve the loss of entries previously made upon it as means of preventing dormancy of the judgment. 56 Ga. 174. Where the original papers in a case are lost, and a proper record of them is wanting or incomplete, by far the better practice is to establish copies and have them duly recorded, so as to make up the full record as it ought…
2Cases cited2 opinions
- Saffold v. WadeSupreme Court of Georgia · 1876
- Bridges v. ThomasSupreme Court of Georgia · 1873
3Cited by2 opinions
- Mize v. HarberSupreme Court of Georgia · 1940
- Graham v. StateCourt of Appeals of Georgia · 1907