Edward Kellogg & Co. v. Buckler & Short
Supreme Court of Georgia
Illegality, in Muscogee Superior Court. Decision by Judge Worrill, at June Adjourned Term, 1854. In 1838, a fi. fa. was issued from Muscogee Superior Court, in favor of Edward Kellogg & Co. against Buckler & Short. It was levied 29th January, 1839, which levy was sold March 1st, 1839. In Sept. 1847, Wm. H. Gilmore, Sheriff of Lee County, levied the/, fa. In June, 1853, G. B. Mayo, then Sheriff of Lee County, offered this levy for sale.
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Illegality, in Muscogee Superior Court. Decision by Judge Worrill, at June Adjourned Term, 1854. In 1838, a fi. fa. was issued from Muscogee Superior Court, in favor of Edward Kellogg & Co. against Buckler & Short. It was levied 29th January, 1839, which levy was sold March 1st, 1839. In Sept. 1847, Wm. H. Gilmore, Sheriff of Lee County, levied the/, fa. In June, 1853, G. B. Mayo, then Sheriff of Lee County, offered this levy for sale. In the meantime, the original fi. fa. being lost, at May Term, 1848, of Muscogee Superior Court, an order was passed that the Clerk issue an alias fi. fa. in…
1Opinion of the Court
By the Court.
Benningf, J.
delivering the opinion..
In the'first of these two-cases, the sole question is, whether the Court below was right in refusing to dismiss the illegality proceeding.
The first ground assigned in the- illegality proceeding was,., that the judgment had become dormant.
The Act of 1822, commonly called the Dormant Judgment Act, declares that, “all judgments” “on which no execution shall be sued out, or which execution,, if sued out, no return shall be made by the proper officer for executing, and returning the same, within seven- years from- the -date of the- judgment, shall…
2Cases cited1 opinion
- Rushin v. Shields & BallSupreme Court of Georgia · 1852
3Cited by10 opinions
- Clark v. HilliardCourt of Appeals of Georgia · 1917
- Huff v. HARPAGON CO., LLCSupreme Court of Georgia · 2010
- General Discount Corp. v. ChunnSupreme Court of Georgia · 1939
- Milner v. AkinSupreme Court of Georgia · 1877
- Land v. GormleySupreme Court of Georgia · 1933
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