Branch Bank v. Kirkpatrick
Supreme Court of Georgia
Debt on judgment, in Stewart Superior Court. Tried before Judge Alexander. This was an action of debt upon a judgment obtained in the State of Alabama, to which the defendant pleaded the Statute of Limitations. The only facts necessary to be understood, are embodied in the decision of the Court. The Court below sustained the plea.
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] The single question made in this case is, whether the Act of 1805, which prescribes a limitation to suits, brought upon judg*36merits, other than judgments in our own Courts, is repealed. The Court below decided that it is not repealed, but is still of force; and such is our opinion also. 1
The clause which limits actions upon foreign judgments, is found in the 2d section of the Act of 1805, and is in the following words : “ And the said actions of debt upon judgments, obtained in Courts other than the Courts of this State, within five years next…
2Cases cited2 opinions
- Wood v. United StatesSupreme Court of the United States · 1842
- Daviess v. FairbairnSupreme Court of the United States · 1845
3Cited by9 opinions
- Central of Georgia Railway Co. v. LeonardCourt of Appeals of Georgia · 1934
- State v. LanglandsSupreme Court of Georgia · 2003
- Griggs v. City of MaconSupreme Court of Georgia · 1922
- Lane v. MorrisSupreme Court of Georgia · 1851
- Strickland v. PeacockSupreme Court of Georgia · 1953
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