37 S.C. 517 | S.C. | 1892
The opinion of the court was delivered by
On December 8,1883, Trial Justice J. EL Knight., Esq., in the case of J. Linder Rhoad v. G. W. Patrick, entered a judgment for the plaintiff in the sum of $97.93. The trial justice never issued any execution upon the judgment, but on December 20,1888, the judgment was “transcripted” to the Court of Common Pleas of the county, and docketed in the office of the clerk of the county, who issued an execution thereon “as a judgment of the Circuit Court.” This execution was levied upon six bales of cotton, the property of the defendant, whereupon the said defendant Patrick applied for an order;
Afterwards, in May, 1891, the plaintiff, making affidavit that no part of the debt had ever been paid, procured to be issued a rule against the defendant Patrick, .requiring him to show cause why the aforesaid judgment should not be revived and execution issued thereon. To which the defendant made “return,” that more than three years having elapsed from the rendition of the judgment to the filing of the “transcript,” the right to issue execution was lost before the transcript was filed; and, also, that this very matter was “adjudicated” by Judge Mar in a proceeding had by this defendant against the plaintiff herein (above stated), tried at the February term of this court (1891), to which reference is prayed; and asked that the rule might be discharged. Judge Norton, after argument, held, that no sufficient cause had been shown why the plaintiff’s motion should not be granted, and ordered, that the plaintiff should have leave to revive his judgment, and issue execution thereon. From this order the defendant Patrick appeals to this court, upon exceptions, which we will.now consider in their inverse order.
The judgment of this court is, that the judgment of the Circuit Court be affirmed.
In an action by complaint.—Reporter.