Battle v. Shivers
Supreme Court of Georgia
Rule against Sheriff. Doi’mant judgment. Decided by Judge William M. Reese. Warren Superior Court. April Term, 1868. In answer to a rule against the sheriff, he stated that he had $2,032 50 raised by the sale of Curran Battle’s property, subject to distribution according to law. Lucien N. B. Battle and A. W. Battle, who brought the rule, claimed the money under a fi. fa. in their names as executors, etc. Jas.
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Rule against Sheriff. Doi’mant judgment. Decided by Judge William M. Reese. Warren Superior Court. April Term, 1868. In answer to a rule against the sheriff, he stated that he had $2,032 50 raised by the sale of Curran Battle’s property, subject to distribution according to law. Lucien N. B. Battle and A. W. Battle, who brought the rule, claimed the money under a fi. fa. in their names as executors, etc. Jas. A. Shivers was the assignee of a fi. fa. founded on a judgment older than theirs, it having been issued upon a decree rendered in Warren Superior Court, at its April Term, 1859, and…
1Opinion of the CourtMcCay, J.
The sole question in this case is, whether the Acts passed at different times from November, 1860, up to November, 1865, suspending the “Statute of Limitations,” suspended also the Acts providing that under certain circumstances judgments shall become dormant. In other words, is the Dormant Judgment Act, in the sense of the several suspending Acts, alluded to, a “ Statute of Limitations ?” It may be remarked, in passing, that these suspending Acts go into no detail, they all simply suspend the Statutes of Limitations, and in the investigation of the question before us, the defendant in error…
2Cases cited2 opinions
- Butt v. MaddoxSupreme Court of Georgia · 1849
- Aycock v. MartinSupreme Court of Georgia · 1867
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- Ellis v. StateCourt of Appeals of Georgia · 1942
- James v. City of BlakelySupreme Court of Georgia · 1915
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