Worthy v. Lowry
Supreme Court of Georgia
Ol&ini, in Whitfield Superior Court. Tried before Judge Trippe, October Term, 1855. This case arose from a levy on land of a Justice’s Court ft. Ja. against one Carpenter, and a claim by Worthy.
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Ol&ini, in Whitfield Superior Court. Tried before Judge Trippe, October Term, 1855. This case arose from a levy on land of a Justice’s Court ft. Ja. against one Carpenter, and a claim by Worthy. Plaintiff in execution introduced the ft. fa. founded on a judgment of the 25th of December, 1841, and issued January 5th, 1842; on which were the following entries : a return of nulla bona, made by a Constable Februai’y 7th, 1842; an .entry by the Justice of the Peace, of “ft. fa. returned, and ea. sa. issued,” dated January 31st, 1849. The ea. sa. was produced, and had no entry on it; hut it was…
1Opinion of the Court
*518 By the Court.
Lumpkin, J.
delivering the opinion.
[1.] Was the judgment in this case dormant ?
The Court below decided that it was not; and we think, decided right.
This case is not distinguishable from that of Strawbridge vs. Mann et al. (17 Ga. R. 454.) The facts upon which that case went, were briefly these: That the ca. sa. had been preceded by & fi.fa. which issued within seven years, and on which there was an entry of nulla bona, within seven years from the date of the judgment; that the date of the ca. sa. was within seven years from the date of the judgment, and that the arrest took place…
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