Central Bank v. Williams

Supreme Court of Georgia

Central Bank v. Williams

17 Ga. 193

CourtSupreme Court of Georgia

DecidedJanuary 15, 1855

DocketNo. 37

StatusPublished

Cited by1 cases

This text of 17 Ga. 193 (Central Bank v. Williams) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Central Bank v. Williams, 17 Ga. 193 (Ga. 1855).

Pincite

Opinion

By the Court.

Starnes, J.

delivering the opinion.

[1.] There is no special provision in the Act of 1823, “to prevent the fraudulent enforcement of dormant judgments,” which includes judgments in favor of the Central Bank, or of the State specifically. The point made in this case depends, then, upon the question, whether or not the doctrine of nullum tempus occurrit reipublicae applies to debts due the Central Bank.

That it does not, we have just decided in the case of Mahone, adm’r vs. The Central Bank; and to that we refer for the reasons which influence our opinion.

We are, therefore, of the opinion that the Court erred in deciding that the fi. fa. in this case should be quashed; and the judgment is reversed.

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By the Court.

Starnes, J.

delivering the opinion.

[1.] There is no special provision in the Act of 1823, “to prevent the fraudulent enforcement of dormant judgments,” which includes judgments in favor of the Central Bank, or of the State specifically. The point made in this case depends, then, upon the question, whether or not the doctrine of nullum tempus occurrit reipublicae applies to debts due the Central Bank.

That it does not, we have just decided in the case of Mahone, adm’r vs. The Central Bank; and to that we refer for the reasons which influence our opinion.

We are, therefore, of the opinion that the Court erred in deciding that the fi. fa. in this case should be quashed; and the judgment is reversed.

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Bluebook (online)

17 Ga. 193, Counsel Stack Legal Research, https://law.counselstack.com/opinion/central-bank-v-williams-ga-1855.

Opinion

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