Gilmer v. Gant

SIMPSON, Justice.

This appeal is from a proceeding in the circuit court, undertaken pursuant to § 574, Title 7, Code of 1940, seeking to revive by scire facias a dormant judgment against appellee’s intestate.

Appellee plead in bar to appellant’s motion to revive, that the subject matter of the present proceeding had already been litigated between the same parties in a prior proceeding in the circuit court in equity and the cause finally adjudicated against the appellant. The trial court sustained, and we think correctly so, the plea of appellee and dismissed the motion to revive.

The question of…