Carter v. Coleby
Supreme Court of Georgia
In Equity, in Greene Superior Court. Decided by Judge Johnson, March Term, 1850. This was an action against John Coleby, as one of the sureties on a bond given by William G. Grimes, as guardian of Sarah T. Jones, wife of plaintiff in error.
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In Equity, in Greene Superior Court. Decided by Judge Johnson, March Term, 1850. This was an action against John Coleby, as one of the sureties on a bond given by William G. Grimes, as guardian of Sarah T. Jones, wife of plaintiff in error. Upon the trial, the plaintiffs offered in evidence the record of a judgment and decree against the guardian, and the execution issued thereon, on which there appeared an entry of “ nulla bona” by the Sheriff, for the purpose of showing a devastavit by the guardian. The defendant objected to the testimony, on the ground, that no entry had been made on the…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] The Act of 1823 is not intended for the benefit of judgment debtors ; it is not a limitation act, except so far as other creditors and purchasers are concerned. It was intended for their benefit and protection, and the object is effected by extinguishing the lien, and incapacitating the judgment for enforcement. For all other purposes, it remains unimpaired. It is the evidence of a debt, and an action can be sustained upon it. See Lockwood vs. Barefield, 7 Ga. Rep. 393. The decision that a dormant judgment is evidence of a debt due, is…
2Cases cited1 opinion
- Lockwood v. BarefieldSupreme Court of Georgia · 1849
3Cited by3 opinions
- Heakes v. HeakesSupreme Court of Georgia · 1924
- Groves v. WilliamsSupreme Court of Georgia · 1882
- Johnson v. HugginsCourt of Appeals of Georgia · 1910