Palmer v. Inman
Supreme Court of Georgia
Equitable petition. Before Judge Rawlings. Bulloch superior court. October 24, 1905. On November 2, 1893, a judgment was rendered in Bulloch superior court in favor of Cumming, administratrix of Palmer, deceased, against J. E. Hogan, James Hogan, and J. R. Slaton, for the sum of $250 principal, besides interest and attorney’s fees.
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Equitable petition. Before Judge Rawlings. Bulloch superior court. October 24, 1905. On November 2, 1893, a judgment was rendered in Bulloch superior court in favor of Cumming, administratrix of Palmer, deceased, against J. E. Hogan, James Hogan, and J. R. Slaton, for the sum of $250 principal, besides interest and attorney’s fees. The execution issued on November 24, 1903. "On it were the following entries: “Levied this fi. fa. on one iron-gray horse named Mike, about 8 years old, and one bay horse-mule named, Rock, about 8 3’ears old. This 9th Feby., 1894. W. H. Waters, Sheriff B. C.”…
1Opinion of the CourtLumpkin, J.
(After stating the facts.)
1. The judgment to which it was sought to subject certain property by means of an equitable petition was dormant. Under the decisions in Nowell v. Haire, 116 Ga. 386, and Smith v. Bearden, 117 Ga. 822, an entry made 'by a proper officer upon an execution from a judgment rendered, unless recorded on the proper execution docket, will not, even as between the parties to the judgment, arrest the running of the dormanejr statute. Personally the writer inclines to the equitable construction placed upon the act, touching the dormancy of judgments, stated by Turner, J., in…
2Cases cited5 opinions
- Columbus Fertilizer Co. v. HanksSupreme Court of Georgia · 1904
- Kruger v. WalkerSupreme Court of Georgia · 1900
- Nowell v. HaireSupreme Court of Georgia · 1902
- Rountree v. JonesSupreme Court of Georgia · 1905
- Smith, Barry & Co. v. BeardenSupreme Court of Georgia · 1903
3Cited by7 opinions
- Ingram v. Jackson Mercantile Co.Court of Appeals of Georgia · 1907
- Oliver v. JamesSupreme Court of Georgia · 1908
- Pope v. United States Fidelity & Guaranty Co.Supreme Court of Georgia · 1944
- Aldridge v. ColeSupreme Court of Georgia · 1911
- Benton & Brother v. FishCourt of Appeals of Georgia · 1907
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