Lewis v. Smith

Lumpkin, Justice.

This case turned upon the question whether or not an. execution issued from a superior court was dormant. In our opinion, the trial judge correctly held that it was so.

1, 2. Among other things, it was claimed that the execution was saved from dormancy by an entry thereon made by the cleric of the superior court, acknowledging the receipt of the clerk’s and sheriff’s costs. If this entry could properly be treated as one made by an officer authorized by law to “execute and return” the process, the execution would not be dormant. We do not think, however, clerks of the superior…