State Bank v. Moore
Supreme Court of Georgia
Claim. Before Judge Wright. Eloyd superior court. July 25, 1917. In a suit brought in the superior court of Eloyd county B. H. Moore obtained a verdict against Watters on October 31, 1911, and had judgment entered' on November 1, 1911. On November 29, 1911, Watters filed a motion for a new trial, which motion was pending until September 28, 1914, and was then dismissed by the court for want of prosecution.
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Claim. Before Judge Wright. Eloyd superior court. July 25, 1917. In a suit brought in the superior court of Eloyd county B. H. Moore obtained a verdict against Watters on October 31, 1911, and had judgment entered' on November 1, 1911. On November 29, 1911, Watters filed a motion for a new trial, which motion was pending until September 28, 1914, and was then dismissed by the court for want of prosecution. Moore had execution issued on October 8, 1914, and this execution was recorded on the general execution docket of Eloyd county on the same day. On September 9, 1912, Watters executed and…
1Opinion of the CourtBeck, P. J.
(After stating the facts.) The claimant contends that the plaintiff in fi. fa. was not in a position to insist upon the lien of his judgment, because of a failure to record his fi. fa. in accordance with the provisions of the Civil Code, § 3321. That section is as follows: “The clerk of the superior court of each *199county shall be required to keep a general execution docket;- and as against the interests of third parties acting in good faith and without notice, who may have acquired a transfer or lien binding the defendant’s property, no money judgment obtained within the county of the…
2Cases cited2 opinions
- Crosby v. King Hardware Co.Supreme Court of Georgia · 1899
- Harvey & Brown v. SandersSupreme Court of Georgia · 1899