Lockwood v. Barefield
Supreme Court of Georgia
Attachment and declaration in debt, in Clark Superior Court. Decided by Judge Dougherty, February Term, 1849. The declaration filed on this attachment, was in debt, and showed the cause of action to be a judgment obtained in the Court of Common Pleas of Augusta, 15th November, 1838, more than seven years before the suing out of the attachment.
Read the full summary
Attachment and declaration in debt, in Clark Superior Court. Decided by Judge Dougherty, February Term, 1849. The declaration filed on this attachment, was in debt, and showed the cause of action to be a judgment obtained in the Court of Common Pleas of Augusta, 15th November, 1838, more than seven years before the suing out of the attachment. Defendant demurred to this declaration, on the ground, that by the Statutes of Georgia, the judgment was “ void and of no effect,” and could be revived only by scirefacias. The Court sustained the demurrer, and plaintiffs counsel excepted.
1Opinion of the Court
By the Court. —
Nisbet, J.
delivering the opinion.
[1.] The Acts of 1822 and 1823, so far as this question is concerned, are in pari materia. The latter is amendatory of the former. The object of both Acts is primarily and mainly to prevent a fraudulent enforcement of dormant judgments. They contemplate no benefit to the defendant, but aimatthe protection of innocent purchasers zxi&vigilant and hona fide creditors from frauds, perpetrated through the agency of judgments, which being paid, are collusively kept open. This is manifest from the title of both Acts. That of 1822, is “ an Act to amend…
2Cited by13 opinions
- Heakes v. HeakesSupreme Court of Georgia · 1924
- Columbus Fertilizer Co. v. HanksSupreme Court of Georgia · 1904
- Groves v. WilliamsSupreme Court of Georgia · 1882
- Redd v. DavisSupreme Court of Georgia · 1877
- Self v. SmithCourt of Appeals of Georgia · 1959
8 more not listed; retrieve them via the Exa API.