Carter v. Martin
Supreme Court of Georgia
1Opinion of the CourtAtkinson, J.
1. This was an equitable action by creditors as lienholders in virtue of a judgment of the superior court reviving a dormant judgment. Such lien dates from the date of the judgment of revival, McLendon v. Shumate, 128 Ga. 526 (3) (57 S. E. 886). This being so, the case predicated on the judgment reviving the dormant judgment does not fall within the general rule as stated in the Civil Code (1910), § 5495, and in Ayers v. Claridy, 149 Ga. 498 (101 S. E. 292), that creditors without a lien can hot enjoin their debtors from disposing of their property.
2. While creditors holding a dormant…
2Cases cited2 opinions
- McLendon v. ShumateSupreme Court of Georgia · 1907
- Ayers v. ClaridySupreme Court of Georgia · 1919