Mayor of Macon v. Trustees of Bibb County Academy ex rel. Alexander
Supreme Court of Georgia
Illegality. Bibb Superior Court. Heard before Judge Floyd, January Term, 1849. At the May Term, 183S, of Bibb Superior Court, the Trustees of Bibb County Academy obtained a judgment against the plaintiffs in error.
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Illegality. Bibb Superior Court. Heard before Judge Floyd, January Term, 1849. At the May Term, 183S, of Bibb Superior Court, the Trustees of Bibb County Academy obtained a judgment against the plaintiffs in error. The Trustees subsequently transferred the judgment to Elam Alexander, and for the want of an entry by the proper officer, the judgment became dormant, under the Act of 1823. On the 13th day of July, 1848, a scire facias was issued and served upon the plaintiffs in error,, (who were the defendants in fi.fa.) to revive the judgment. At July Term, 1848, the scire facias was heard…
1Opinion of the Court
*206By the Court —
Warner, J.
delivering the opinion..
[1.] The ground of error assigned in this case is, that the Court below overruled the affidavit of illegality. The grounds taken in the affidavit go behind the judgment of the Court upon the scire facias, and for that reason alone, the affidavit of illegality was properly overruled.
[2.] We think, however, that inasmuch as Alexander became the assignee of the judgment, according to the provisions of the Act of 1829, he was entitled to revive it by scire facias, in the name of the original plaintiffs, for his use. The only question made by the…
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