Akin v. Freeman
Supreme Court of Georgia
Statute of limitations. Judgment. Execution. Bond for titles. On November 22d, 1858, Akin recovered a judgment in Cass Superior Court against the Cherokee Baptist College, as principal, and John H. Rice, as indorser, for $1,000 00 principal, besides interests and costs.
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Statute of limitations. Judgment. Execution. Bond for titles. On November 22d, 1858, Akin recovered a judgment in Cass Superior Court against the Cherokee Baptist College, as principal, and John H. Rice, as indorser, for $1,000 00 principal, besides interests and costs. Execution was issued on this judgment on December 6th, 1858, upon which were the following entries : A receipt, signed by the clerk, for $9 25 costs, dated July 26th, 1859; a receipt from plaintiff to the defendant for $156 75, interest due thereon, dated December 22, 1859; an affidavit by the plaintiff that Rice had removed…
1ConcurrenceMcCay, Judge
As to the dormancy of the judgment, I have stated my views fully in Battle vs. Shivers, 39 Georgia, 405, and I am satisfied with what I then said. It seems to me that all this effort to pervert the words “ statute of limitations ” in the Act of 1860, so as to make them include the Dormant Judgment Act, is an after-thought to which men’s minds come in their efforts to save judgments from that neglect which, du*62ring the war, attended all business. Men have suffered and do suffer, from that neglect in other matters, and if they suffer also because of their neglect to attend to the preservation of…
2Cases cited2 opinions
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- Tyree v. WilliamsCourt of Appeals of Kentucky · 1814