Kite v. Lumpkin
Supreme Court of Georgia
, Rule against Sheriff. Laches. Relief Act. Before Judge Kirby. Floyd Superior Court. July Term, 1869. In June, 1867, Kite sued one Ayer upon his promissory note, dated the 13th of January, 1863, and due two years after date. No plea was filed and judgment by default was entered in Kite’s favor, on the 27th of March 1869. Fi. fa. was issued in the usual form, reciting the amount and date of said judgment.
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, Rule against Sheriff. Laches. Relief Act. Before Judge Kirby. Floyd Superior Court. July Term, 1869. In June, 1867, Kite sued one Ayer upon his promissory note, dated the 13th of January, 1863, and due two years after date. No plea was filed and judgment by default was entered in Kite’s favor, on the 27th of March 1869. Fi. fa. was issued in the usual form, reciting the amount and date of said judgment. On the 4th of May, 1869, Lumpkin, as deputy sheriff, levied it upon certain land as Ayer’s property. On the'same day Ayer made and delivered to Lumpkin his affidavit, as prescribed by the…
1Opinion of the CourtMcCay, J.
1. The judgment of Kite vs. Ayer was obtained since the Relief Act of 1868 was passed. If Ayer had any defense to the plaintiff’s claim it was his duty to have pleaded it, and he would have been heard. We decided in the case of White vs. Herndon, at this term, (ante) that the Relief Act only applies to judgments in cases where the defense could not have been set up as a defense at the time of the judgment. This, the defendant might have done, and he gives no reason at all why he did no,t do it. When the judgment was obtained the Relief Act. was of force. His defense under it was just as good…
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- Lawton v. BranchSupreme Court of Georgia · 1879
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