Bridges v. Thomas
Supreme Court of Georgia
Judgment. Illegality. Bill of exceptions. Record. Lost papers. Before Judge Buchanan. Coweta Superior Court-March Term, 1873. On September 6th, 1860, John M. Thomas obtained a judgment in Coweta Superior Court against Solomon T. Bridges, and Soloman T. Bridges, as administrator of John T. McKoy, principals, and George H. Page, security, for $3,903 21, with $463 72 interest to the date of judgment. On April 15th, 1872, an execution issued from said judgment.
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Judgment. Illegality. Bill of exceptions. Record. Lost papers. Before Judge Buchanan. Coweta Superior Court-March Term, 1873. On September 6th, 1860, John M. Thomas obtained a judgment in Coweta Superior Court against Solomon T. Bridges, and Soloman T. Bridges, as administrator of John T. McKoy, principals, and George H. Page, security, for $3,903 21, with $463 72 interest to the date of judgment. On April 15th, 1872, an execution issued from said judgment. The defendants made payments on said execution, as follows : On January 24th, 1867, $1,500 00; on March 12th, 1869, $2,000 00. On said…
1Opinion of the Court
McCay, Judge.
1. We are not prepared to say that the plaintiff might not sue out a soi. fa. to revive a judgment, even if he had a levy pending on a fi. fa. issued upon it. If the judgment be in fact dormant it can be revived, and we do not see how the existence of a pending levy can affect it. But at any rate when this soi. fa. was sued out there was no pending levy. The Judge had dismissed it. The filing of a bill of exceptions to that judgment some time after the filing of the application for, and issuing of the soi. fa., could not make that illegal which was legal when done. If anything…
2Cited by10 opinions
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