Long v. Wight
Supreme Court of Georgia
Judgments. Executions. Dormancy. Before Judge Boaver. Decatur superior court. May term, 1888. Afi.fa. in favor of Wight, proceeding for the benefit of Sizemore, transferee, was levied upon certain cattle as the property of Long, defendant in fi. fa. Long interposed his affidavit of illegality on the following grounds: (1) Because the fi. fa. had been fully paid before the levy.
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Judgments. Executions. Dormancy. Before Judge Boaver. Decatur superior court. May term, 1888. Afi.fa. in favor of Wight, proceeding for the benefit of Sizemore, transferee, was levied upon certain cattle as the property of Long, defendant in fi. fa. Long interposed his affidavit of illegality on the following grounds: (1) Because the fi. fa. had been fully paid before the levy. (2) Because the fi. fa. and the judgment on which it is founded are dormant, seven years having elapsed since its date to the first legal entry by an authorized officer. (3) Because there is no sufficient legal…
1Opinion of the Court
Simmons, Justice.
The only ground insisted on before us for a reversal of the court below was, that the court erred in holding that this judgment was not dormant. The judgment was dated May 16th, 1874. On it was entered the receipt of $50, December 11th, 1874; also an entry of levy on lot of land number 95 in the 19th district, as the property of M. W. Long, dated March 26th, 1881, and signed, “F. J. Shores, constable 1005 district, Gr. M.” There was also another levy, dated January 13th, 1886. It was contended by the plaintiff in error that the levy *434made by Shores, the constable of the 1005…
2Cases cited3 opinions
- Gholston v. O'KelleySupreme Court of Georgia · 1888
- Smith v. RustSupreme Court of Georgia · 1888
- Prendergast v. WisemanSupreme Court of Georgia · 1888
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- Stanford v. ConnerySupreme Court of Georgia · 1890
- First National Bank v. McCaskillCourt of Appeals of Georgia · 1921
- Rogers v. SmithSupreme Court of Georgia · 1896