Tanner v. Hollingsworth
Supreme Court of Georgia
Dormant Judgments. Bill of Exceptions. Before Judge Green. Henry Superior Court. April Term, 1870. On the 25th of January, 1862, R. M. Sprayberry obtained several judgments against P. G. Moseley and Isaiah Hollingsworth, *in a Justice’s Court, in said county. Sprayberry afterwards transferred these judgments to J. B. Tanner. On the 8th of April, 1864, a fi. fa. was used upon each of said judgments.
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Dormant Judgments. Bill of Exceptions. Before Judge Green. Henry Superior Court. April Term, 1870. On the 25th of January, 1862, R. M. Sprayberry obtained several judgments against P. G. Moseley and Isaiah Hollingsworth, *in a Justice’s Court, in said county. Sprayberry afterwards transferred these judgments to J. B. Tanner. On the 8th of April, 1864, a fi. fa. was used upon each of said judgments. On the 17th of November, 1869, these fi. fas. were levied upon Hollingsworth’s property. Hollingsworth filed his affidavits that said fi. fas. were proceeding illegally, because said judgments were…
1Opinion of the CourtMcCAY, J.
Section 2863 of the Revised Code, by its very terms, settles this case. That Section contemplates two cases: 1st. Where an execution has issued upon a judgment within seven years from the date of the judgment. 2d. “Where execution has issued and no entry is made by the returning officer within seven years from the date of the last entry on the execution.” In each of the two cases the judgment is dormant.
And this language is perfectly in accord with the object of 'the Legislature in providing for judgments becoming dormant. It is not to protect the defendant. It is not that the defendant shall…
2Cited by4 opinions
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