Wilcher v. Hamilton
Supreme Court of Georgia
Certiorari, from Marion Superior Court. Decision by Judge Craweord, March Term, 1854. Objections were made to the revival of a judgment in a-Justices’ Court, in Marion county, on the grounds: 1st. That not being an enrolled judgment, it could not be revived by scire facias. 2d. That if it revived at all, it must be done by the Justice who issued it. 3d. That before it can be done, the plaintiff must make affidavit that it has not been paid. 4th.
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Certiorari, from Marion Superior Court. Decision by Judge Craweord, March Term, 1854. Objections were made to the revival of a judgment in a-Justices’ Court, in Marion county, on the grounds: 1st. That not being an enrolled judgment, it could not be revived by scire facias. 2d. That if it revived at all, it must be done by the Justice who issued it. 3d. That before it can be done, the plaintiff must make affidavit that it has not been paid. 4th. That while dormant, the judgment did not bear interest. The Justices’ Court over-ruled the objections. The Superior Court, on certiorari, affirmed…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
By the Common Law, “writs of execution must be sued out within a year and a day after the judgment is entered; •otherwise, the Coui't concludes, prima facie, that the judgment is satisfied and extinct” ; but, “the plaintiff may still bring an action of debt, founded on this dormant judgment, which was the only method of revival allowed by the Common Law”. (3 Black. 421. Co. Litt. 290.)
The Statute of West. 2, 13 Edw’d. I, c. 45) gives, as to • certain judgments, viz : enrolled judgments, another method of •revival; that is to say, a scire facias,…
2Cases cited1 opinion
- Poulk v. SlocumIndiana Supreme Court · 1834
3Cited by4 opinions
- Ex Parte FlakeCourt of Criminal Appeals of Texas · 1911
- Wilensky v. BlalockCourt of Appeals of Georgia · 1992
- Colson v. KennedySupreme Court of Georgia · 1891
- Ex Parte FrancisCourt of Criminal Appeals of Texas · 1914