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6 Ga. App. 839

Hagins v. Blitch

Court of Appeals of Georgia

Decided November 9, 1909

Court of Appeals of Georgia · decided 1909-11-09

<p>Appeal, from Bulloch superior court — Judge Rawlings. October 28, 1908.</p>

Relies on Groves v. Williams · Battle v. Shivers · Matthews v. Bates, Kingsbery & Co.

Good law ✅— No negative treatment on recordhow we know

Decided 1909-11-09

How this case has been cited

Cited by 3 later decisions — most recently December 1986

1 district · 2 state decisions

10190919101920193019401950196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Hill, C. J.

¶11. Although a judgment be dormant, under the statute, and has, therefore, lost its lien, it is still a subsisting debt, and the judgment can be renewed, as matter of right, by scire facias or by suit. During the period of dormancy there is no presumption in favor of the ' defendant that the judgment has been paid, but such presumption exists only as to third persons. Civil Code, §5378; Battle v. Shivers, 39 Ga. 410; Chambliss v. Phelps, 39 Ga. 386 (2); Groves v. Williams, 68 Ga. 598 (3).

¶22. hi a suit to revive a judgment issued from a justice’s court, when the only plea is the general issue, the introduction in evidence of a transcript of the judgment, with entries showing summons and personal service, and the transcript of the fi. fa., with entries of partial payments, would be sufficient to entitle the plaintiff to a verdict reviving the judgment on the balance of the debt due thereon. Under the plea of the general issue, the correctness of the debt, satisfaction by payment, or satisfaction by lapse of time, is not in issue. Civil Code, §5053; Matthews v. Bates, 93 Ga. 318 (20 S. E. 320).

¶34. The court did not err in directing a verdict for the plaintiff.

¶4Judgment affirmed.

Appeal, from Bulloch superior court — Judge Rawlings. October 28, 1908.Submitted May 5, —Decided November 9, 1909.G-. 8. J ohnston, Sines & J ordan, for plaintiffs in error.Brannen <& Booth, contra.
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