Ellis v. Atlantic & Gulf Railroad
Supreme Court of Georgia
Judgments. Executions. Statute of limitations. Before Judge Wright. Decatur Superior Court. May Term, 1878. On November 4th, at the October term, 1861, of Decatur superior court, the railroad company obtained judgment against Ellis, upon which execution issued on the 8th; on the 23d of the same month the clerk and sheriff receipted to the plaintiff on they?, fa. for their costs.
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Judgments. Executions. Statute of limitations. Before Judge Wright. Decatur Superior Court. May Term, 1878. On November 4th, at the October term, 1861, of Decatur superior court, the railroad company obtained judgment against Ellis, upon which execution issued on the 8th; on the 23d of the same month the clerk and sheriff receipted to the plaintiff on they?, fa. for their costs. On July 17th, 1875, the sheriff made this entry: “No property pointed out on which to levy this fi. fa.” and on the 8th of the following September a levy was made upon property of the defendant. The latter filed an…
1Opinion of the Court
Bleckley, Justice.
1. Assuming that by reason of the suspension of the statute of limitations, there was no diligence required as to this particular execution until July 21st, 1868, (when the constitution of that year took effect,) the time within which the first seven years began to run would be that date, and as the return of July 17th, 1875, was a little before the seven years expired, there was no dormancy, if that return can be held an entry by the proper officer within the meaning of section 2914 of the Code. Now, the only special feature in the return is that it declares that no…
2Cases cited1 opinion
- Thrasher v. FosterSupreme Court of Georgia · 1871
3Cited by2 opinions
- Knox v. Bates & Co.Supreme Court of Georgia · 1887
- Prendergast v. WisemanSupreme Court of Georgia · 1888