Stanford v. Connery
Supreme Court of Georgia
Illegality. Judgments. Executions. Dormancy. Principal and surety. Assignment. Notice. Charge of court. Before Judge Falligant. Chatham superior court.
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Illegality. Judgments. Executions. Dormancy. Principal and surety. Assignment. Notice. Charge of court. Before Judge Falligant. Chatham superior court. June term, 1889. An established copy of an execution in favor of May against Miller, principal, and Ilone, security, lor $1,408.61 principal, issued upon a judgment of May 18, 1870, and proceeding in the name of Connery as transferee, was levied on realty as the property of Miller on March 4, 1887. This copy contained an entry of levy on June 1, 1870, on realty as the property of Hone, of receipt from Hone on June 30,1873, of $350 on account…
1Opinion of the Court
Simmons, Justice.
1. We think the court was right in holding that the execution in this case was not dormant. It was kept alive from the time it was issued in 1870 up to 1878 by various entries. On November 4th of the latter year, it was levied on the property of Hone, the security, and Hone filed an affidavit of illegality thereto, and subsequently a bill, in equity, seeking to enjoin the execution and setting up equities existing between him and Dillon, the assignee of the execution, in whose favor it was proceeding. This bill was afterwards transferred to the circuit court of the United…
2Cases cited5 opinions
- Gholston v. O'KelleySupreme Court of Georgia · 1888
- Dugas v. MathewsSupreme Court of Georgia · 1851
- Smith v. RustSupreme Court of Georgia · 1888
- Long v. WightSupreme Court of Georgia · 1889
- Mays v. ComptonSupreme Court of Georgia · 1853
3Cited by12 opinions
- Southern Mutual Life Insurance v. DurdinSupreme Court of Georgia · 1909
- Cade v. JenkinsSupreme Court of Georgia · 1892
- First National Bank v. Hartman Steel Co.Supreme Court of Georgia · 1891
- Williams v. KennedySupreme Court of Georgia · 1910
- Beasley v. AndersonSupreme Court of Georgia · 1928
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