First National Bank v. Harper

The opinion of the court was delivered by

Burch, J.:

This case creates the necessity for consideration of the legal effect of a dormant judgment and the significance of ancillary proceedings occurring prior to the dormancy of the judgment. It does not concern revivor proceedings.

On January 6, 1941, the bank obtained a judgment against Harper for $2,440.09 and costs. No execution was issued on the judgment until January 29, 1946. On such date an execution was issued and a motion to quash the execution was filed thereafter predicated upon the contention that the judgment was dormant. The trial…