Supreme Court of Georgia, 1879

Smith v. White

Supreme Court of Georgia · Decided September 15, 1879 · Jackson

63 Ga. 236

Cases that cite this one

4 later published cases cite this decision.

Birmingham Trust & Savings Co. v. Atlanta, B. & A. Ry. Co. (United States District Court for the Northern District of Georgia 1923)
Smith v. Williams (Ga. 1892)
Colson v. Kennedy (Ga. 1891)
Mosely v. Sanders (Ga. 1886)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Jackson, Justice.

The facts admitted are that the judgment was rendered' and execution thereon issued in 1867, and no entry was *237made thereon until 1875 — so that this case falls within the ruling in Turner vs. Grubb, 58 Ga., 278, and must be controlled by it on the main point. It is dormant by virtue of the 8th section of the act of 1869 and the Code in respect to dormancy where that section puts it.

Litigation between parties as to the right to possess and use the execution, as in this case between plaintiff in execution and his ward, will not prevent dormancy; nor will the death of either the plaintiff or defendant in execution.

Judgment affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.