McLendon v. Frost & Crenshaw
Supreme Court of Georgia
Judgments. Costs. Amendment. Levy and sale. Contracts. Execution. Payment. Before Judge Buchanan. Troup Superior Court. May Term, 1877. Eeportcd in tbe opinion.
1Opinion of the Court
Bleckley, Judge.
1. The execution was proceeding for principal and interest, as well as for costs. That the judgment was in blank as to the amount of the costs, would not be ground for illegality, nor for motion to quash the execution. The immemorial practice has been to enter up judgment, leaving a blank to be filled by the clerk with the amount of the costs, it being, by law, his duty to ascertain and tax the same. Not unfrequently, there are fees of witnesses which are proved and returned too late to be made known to counsel within the time limited for signing judgment — four days from the…
2Cases cited1 opinion
- Jones v. DoughertySupreme Court of Georgia · 1851
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- McSherry v. IsraelSupreme Court of Georgia · 1966