36 Ga. 388 | Ga. | 1867
In this case, we were entertained with learned and ingenious arguments on the “ comity of nations,” the application of the doctrines to the relations existing between the several States of this Union, and the reasons why the Coui’ts should enforce these doctrines in cases like the one at bar. It was insisted, too, that the State, unless expressly named, is not included in the provisions of a statute, and that Georgia has adopted the maxim of “ Nullum tempus oceurrit regi” and should apply the same rule in favor of a sister State when she becomes a suitor in our Courts. While it would be pleasant to enter into an extended discussion of the questions raised, yet as the decision of this case renders such discussion unnecessary, I must at present decline to do so. Respect for the able counsel may perhaps require a reference to a few general principles which we recognize. It is true that in Brinsfield vs. Carter, 2 Ga. R., 143, this Court decided that, “The statute of limitations does not run against the State;” but it is also true that in March, 1856, pamp. p. 237, an act was passed which provides, “ That when, by the provisions of this act, a private person would be barred of his rights, the State shall be barred of her rights under the same circumstances;” and one of the provisions of that act is that “ All suits upon judgments obtained out of this State, shall be brought within five years after such judgment shall have been obtained, and not after;”’ ib. 234. So that in Georgia it would seem that the old common-law maxim of “Nullum tempus oceurrit regi” has been abrogated.
We concede fully the rule that comity of nations “should always exist between all civilized, independent States, and
1. This is an action brought to enforce a judgment more than twenty years old. At common-law, such a judgment is presumed to be paid. Burt vs. Casey, 10 Ga. R., 178.
2. There is no evidence in the case to rebut this presumption; but the plaintiff seeks to avoid the effects of this presumption, as well as the plea of the statute of limitations of our own State, of five years, by invoking the aid of the old maxim, “ Nullum tempus occurrit regi.” Our reply is, that this maxim is not of force in the State of Tennessee, and therefore no “comity” requires the Courts of Georgia to enforce it in favor of Tennessee. By the Code of Tennessee, section 2806, (and the law was substantially the same before the adoption of the Code,) it is provided that “ The State shall commence and prosecute suits according to the laws of the land, as in cases between individuals, except that no security (for costs) shall in such case be required.” Section 2807 provides that “ Actions may be instituted against the State under the same rules and regulations that govern actions between private persons.” These provisions place the State upon an equality with her citizens, before her courts, subject to the same rules, restrictions and limitations which apply in eases where citizens alone are parties; and if so, the State is barred by the statute of limitations within the same time and
This long quotation is made because it establishes clearly, that according to “the comity of nations,” this action cannot be maintained. For if the laws of Tennessee should have the same force in Georgia as they do in that State, this action is barred by the statute of limitations. The “comity of nations” could ask no more than this. Under the laws of Georgia, the judgment is presumed to be paid; and applying the rule which Tennessee lays down for herself in her own Courts, and she is barred by our statute of limitations, which applies to “all suits upon judgments obtained out of this State,” and says such suits “ shall be brought within five years after such judgment is obtained.” Under any view which we can take of this case, the plaintiff is not entitled to recover.
Judgment affirmed.