Legal Opinion

Funderburk v. Smith

Supreme Court of Georgia

Decided February 24, 1885PublishedCited by 9 opinions

Judgments. Parties. Service. Before J. H. Martin, Escp, Judge pro Jiao vice. ■ Talbot Superior Court. September Term, 1884. Reported in the decision.

1Opinion of the Court

Blandeord, Justice.

Smith obtained a judgment against A. J. Pope, D. H. Funderburk, William Roberts and George 0. Gorham. This judgment having become dormant, the plaintiff sued out scire facias against the defendants to revive the same. All of the defendants were served except Pope, he having moved to the state of Florida; and he was not made a party by publication, as provided by the act of 1850, as . contained in 8608th section of the Code; yet the court. allowed the judgment to be revived as to Funderburk, *516Roberts and Gorham, and they excepted to this judgment and error is assigned thereon.

2Cited by9 opinions

  1. Miller Co. v. MeloneSupreme Court of Oklahoma · 1901
  2. J. I. Case Threshing Machine Co. v. EdmistenNebraska Supreme Court · 1909
  3. Allen v. PattersonSupreme Court of Colorado · 1920
  4. Eastman v. CrawfordAppellate Court of Illinois · 1906
  5. Armstrong v. HarperCourt of Appeals of Georgia · 1920

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