Twitty v. Bower
Supreme Court of Georgia
Illegality. Judgments. Dormancy. Practice. Appeal. Before A. L. Hawes, Esq., judge pro hac vice. Mitchell superior court. March term, 1889. An execution in favor of Bower against Cox, Jones, Eloyd, Strother and Twitty, issued from a magistrate’s court on July 5, 1887. It recited a judgment in that court on March 27, 1875, and that an appeal to the superior court was taken by the defendants on April 1, 1875, which was dismissed at the March term, 1887, of that court.
Read the full summary
Illegality. Judgments. Dormancy. Practice. Appeal. Before A. L. Hawes, Esq., judge pro hac vice. Mitchell superior court. March term, 1889. An execution in favor of Bower against Cox, Jones, Eloyd, Strother and Twitty, issued from a magistrate’s court on July 5, 1887. It recited a judgment in that court on March 27, 1875, and that an appeal to the superior court was taken by the defendants on April 1, 1875, which was dismissed at the March term, 1887, of that court. On August 10, 1887, this execution was levied on property of Twitty, who interposed an affidavit of illegality on the grounds…
1Opinion of the Court
Simmons, Justice.
1. Under the facts set out in the official report of this case, the trial judge did not err in holding that the judgment rendered in the justice’s court in 1875 was not dormant. It will be seen • from the facts reported, that after the judgment was rendered against Twitty and the other defendants, they appealed from that judgment to the superior court. The effect of the appeal was to suspend the judgment in the justice’s court until the appeal to the superior court had been finally disposed of. Code §3628. It appears from the record that after the appeal was entered in the…
2Cases cited2 opinions
- Beall v. Sinquefield & Co.Supreme Court of Georgia · 1884
- Allison v. ChaffinSupreme Court of Georgia · 1850