Legal Opinion
Hagins v. Blitch
Court of Appeals of Georgia
Decided November 9, 1909No. 1760PublishedCited by 3 opinions
Appeal, from Bulloch superior court — Judge Rawlings. October 28, 1908.
1Opinion of the CourtHill, C. J.
1. Although a judgment be dormant, under the statute, and has, therefore, lost its lien, it is still a subsisting debt, and the judgment can be renewed, as matter of right, by scire facias or by suit. During the period of dormancy there is no presumption in favor of the ' defendant that the judgment has been paid, but such presumption exists only as to third persons. Civil Code, §5378; Battle v. Shivers, 39 Ga. 410; Chambliss v. Phelps, 39 Ga. 386 (2); Groves v. Williams, 68 Ga. 598 (3).
2. hi a suit to revive a judgment issued from a justice’s court, when the only plea is the general issue,…
2Cases cited3 opinions
- Battle v. ShiversSupreme Court of Georgia · 1869
- Groves v. WilliamsSupreme Court of Georgia · 1882
- Chambliss v. PhelpsSupreme Court of Georgia · 1869
3Cited by3 opinions
- Juneau Spruce Corp. v. International Longshoremen's & Warehousemen's UnionDistrict Court, D. Hawaii · 1955
- Rothstein v. L. F. Still & Co.Court of Appeals of Georgia · 1986
- Jeffries v. Federal Employees Credit UnionCourt of Appeals of Georgia · 1966