Johnson v. Mitchell
Supreme Court of Georgia
Certiorari, from Floyd Superior Court. Decision by Judge Trifpe, December Term, 1854. This was a certiorari from a decision of a Justice’s Court, ón a motion to distribute money.
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Certiorari, from Floyd Superior Court. Decision by Judge Trifpe, December Term, 1854. This was a certiorari from a decision of a Justice’s Court, ón a motion to distribute money. Riley J. Johnson held certain fi. fas. from the Justice’s Court, against Logan White, dated 26th February, 1853. Daniel R. Mitchell held a fi. fa. from the Superior Court against Logan White, on a judgment signed on the 14th March, 1853. The confession of judgment, on which the judgment was entered, was dated February 23d, 1853, and the term of the Superior Court at which it was obtained, commenced on the 21st…
1Opinion of the Court
By the Court.
Starnes, J.
delivering- the opinion.
[1.] At Common Law, a judgment by general intendment of law, related to the first day of the term. (2 Tidd. Pr. 965, 967.) By the 16fch section.of the Statute of Frauds, (26 Ch. 2 Ch. 3) lands were bound from the signing of the judgment, as to purchasers, and personal property from the-delivery of the execution to the Sheriff.
The 26th section of our Judiciary Act of 1799 declares, that “ all the property of the party against whom such verdict shall be entered, shall be bound from the signing of the first judgment ; but where several judgments…
2Cited by1 opinion
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