Hatcher v. A. Gammell & Co.
Supreme Court of Georgia
Dormant judgment. Execution. Entry. Judgment was rendered in favor of plaintiff against defendants in the Inferior Court of Muscogee county, at the September term thereof, 1862, to-wit: on the 3d day of September, 1862, for $350 00, principal, besides interest and cost.
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Dormant judgment. Execution. Entry. Judgment was rendered in favor of plaintiff against defendants in the Inferior Court of Muscogee county, at the September term thereof, 1862, to-wit: on the 3d day of September, 1862, for $350 00, principal, besides interest and cost. Execution was issued thereon on the 16th day of the same month, which went into the hands of James G. Cook, sheriff of said county, who, on the 20th day of November, 1862, entered on said fi. fa. his receipt to the defendant, A. Gammell, for $14 25, the cost thereof. On the 28th clay of said November, an entry was made on said…
1Opinion of the Court
McCay, Judge.
The Code, (Irwin’s) section 2863, makes a judgment dormant if no “entry” be made upon it by an officer authorized to execute and return it for seven years. There is an entry *578here by the sheriff, who is such an officer. Is it such an entry as is contemplated by the statute? We think it is. What is it? A statement, signed by the sheriff and dated, that the execution is placed in his hands with orders to make the money. Section 397 of the Code makes it the duty of the sheriff to keep a docket of executions placed in his hands, the date of their delivery, and his actings and doings…
2Cited by1 opinion
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