Baty v. Holston, 40349
Decision Date | 20 September 1963 |
Docket Number | No. 40349,No. 1,40349,1 |
Citation | 108 Ga.App. 359,133 S.E.2d 107 |
Parties | Thomas C. BATY v. Catherine HOLSTON |
Court | Georgia Court of Appeals |
Marvin O'Neal, Jr., Atlanta, for plaintiff in error.
Arnall, Golden & Gregory, H. Fred Gober, Atlanta, for defendant in error.
Plaintiff obtained a judgment in Alabama during 1950 against defendant, who was then an Alabama resident but is now a Georgia resident. This suit on that judgment was filed in Clayton County, Ga. in 1961, prior to which plaintiff had begun proceedings in Alabama to revive the judgment (See Ala.Code, Tit. 7, § 574). Service was had on the defendant by registered mail and the defendant actually received the notice. The judgment was revived. (The final revival judgment was obtained after suit was filed, but defendant waives any prematurity of the action).
Defendant filed a plea in bar, relying on Code § 3-701 providing: 'All suits upon judgments obtained out of this State shall be brought within five years after such judgments shall have been obtained.' When the case was presented to the trial judge on stipulated facts, he overruled the plea in bar and entered a judgment accordingly. Defendant excepts. Held:
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...judgment, but rather it is the date of the latest revival of the judgment. Fagan v. Bently, 32 Ga. 534 (1861); Baty v. Holston, 108 Ga.App. 359, 133 S.E.2d 107 (1963). In the case at bar, for example, all appellant need do is return to Florida and revive [the] Watkins v. Conway, 385 U.S. 18......
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...judgment, but rather it is the date of the latest revival of the judgment. Fagan v. Bently, 32 Ga. 534 (1861); Baty v. Holston, 108 Ga.App. 359, 133 S.E.2d 107 (1963). In the case at bar, for example, all need do is return to Florida and revive his judgment.2 He can then come back to Georgi......
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