Miller v. Fisk

Supreme Court of Georgia

Miller v. Fisk

47 Ga. 270

DecidedJuly 15, 1872

StatusPublished

This text of 47 Ga. 270 (Miller v. Fisk) 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

Miller v. Fisk, 47 Ga. 270 (Ga. 1872).

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Opinion

Montgomery, Judge.

1. The lien of a judgment founded on an award under the Code relates back to the date of the award — certainly so far as to take precedence of any lien of equal degree created on the property (by the party to whom it was awarded, and the foundation of whose title is the award,) between the date of the award and the day it is made the judgment of the Court. It is analogous to a mortgage given but not recorded immediately, although recorded within the time required by law. Or to a judgment at common law, when appeals were allowed, confirmed on appeal.

2. This Court has at least twice decided very lately that judgments must follow the verdicts on which they are founded. It has also held an award to be equivalent to a verdict: Whitelock vs. Crew, 28 Georgia, 291. Hence, under the facts of this case, the judgment should have been against each party to the award for $35 00, and no more.

Judgment reversed.

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Montgomery, Judge.

1. The lien of a judgment founded on an award under the Code relates back to the date of the award — certainly so far as to take precedence of any lien of equal degree created on the property (by the party to whom it was awarded, and the foundation of whose title is the award,) between the date of the award and the day it is made the judgment of the Court. It is analogous to a mortgage given but not recorded immediately, although recorded within the time required by law. Or to a judgment at common law, when appeals were allowed, confirmed on appeal.

2. This Court has at least twice decided very lately that judgments must follow the verdicts on which they are founded. It has also held an award to be equivalent to a verdict: Whitelock vs. Crew, 28 Georgia, 291. Hence, under the facts of this case, the judgment should have been against each party to the award for $35 00, and no more.

Judgment reversed.

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Bluebook (online)

47 Ga. 270, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-fisk-ga-1872.