Rountree v. Jones
Supreme Court of Georgia
Petition for injunction. Before Judge Mitchell. Brooks superior court. May 27, 1905. S. S. Rountree, as surviving partner of A. J. Rountree & Son and A. J. Rountree & Company, alleging himself to be an execution creditor of William Jones, seeks to enjoin the commission of waste by the defendant, M. F. Jones, upon land alleged to be owned by the estate of William Jones and included in a homestead which had been set apart to him and which had not terminated.
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Petition for injunction. Before Judge Mitchell. Brooks superior court. May 27, 1905. S. S. Rountree, as surviving partner of A. J. Rountree & Son and A. J. Rountree & Company, alleging himself to be an execution creditor of William Jones, seeks to enjoin the commission of waste by the defendant, M. F. Jones, upon land alleged to be owned by the estate of William Jones and included in a homestead which had been set apart to him and which had not terminated. On the hearing for an interlocutory injunction, the court, after considering the evidence, refused to grant an injunction, and the…
1Opinion of the CourtEvaNS, J.
(After stating the facts.) It will appear from the foregoing recitals that more than seven years had elapsed since the rendition of the different judgments before they were entered on *397tbe execution docket of the superior court of Brooks county. The judgments were therefore dormant. “In order to prevent dormancy of a judgment, it is required that an execution shall be issued on such judgment and placed upon the execution docket, within a period of seven years from the date of the rendition of the judgment.” Easterlin v. Sewing Machine Co., 115 Ga. 305; Civil Code, §3761. When this section of…
2Cases cited3 opinions
- Hollis v. LambSupreme Court of Georgia · 1902
- Columbus Fertilizer Co. v. HanksSupreme Court of Georgia · 1904
- Easterlin v. New Home Sewing Machine Co.Supreme Court of Georgia · 1902
3Cited by6 opinions
- Ingram v. Jackson Mercantile Co.Court of Appeals of Georgia · 1907
- Oliver v. JamesSupreme Court of Georgia · 1908
- Palmer v. InmanSupreme Court of Georgia · 1906
- Smith v. StateCourt of Appeals of Georgia · 1914
- Aldridge v. ColeSupreme Court of Georgia · 1911
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