Curry v. Piles
Supreme Court of Georgia
Motion, in Glynn Superior Court. Decided by Judge Fleming, April Term, 1849. This was a motion to sue out a fi.fa. under the 13th Equity Rule of the Superior Courts, nunc pro tunc, on a decree rendered 4th December, 1838. The motion was resisted on the ground, that the decree was for a specific sum of money, and was dormant under the Act of 1823. The Court refused the motion, and error is assigned thereon.
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion.
[1.] The only question presented by the record in this case is, Whether a decree of a Court of Equity for a specific sum of money is embraced within the Dormant Judgment Act of 1823,
The argument-for the plaintiffs in error is, that only Common Law judgments, founded on the verdict of a Jury, as specified in the Judiciary Act of 1799, are embraced within the true intent and meaning of the Act of 1823.
The Act of 1823 is an Act to amend the 3d section of an Act, passed 19th December, 1822, entitled an Act to amend the 26th section of the Judiciary…
2Cited by1 opinion
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