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Call Now: 904-383-7448Decrees for the payment of money shall become dormant like other judgments when not enforced and may be revived as provided by law for other judgments.
(Orig. Code 1863, § 4128; Code 1868, § 4160; Code 1873, § 4219; Code 1882, § 4219; Civil Code 1895, § 4861; Civil Code 1910, § 5434; Code 1933, § 37-1211.)
Decree, in general, is of equal force with a judgment. Dean v. Central Cotton Press Co., 64 Ga. 670 (1880).
This section applies to money judgments but not to judgments and decrees requiring the performance of a duty. Butler v. James, 33 Ga. 148 (1861); Wall v. Jones, 62 Ga. 725 (1879); Brown v. Parks, 190 Ga. 540, 9 S.E.2d 897 (1940).
Judgment foreclosing a mortgage does not become dormant. Wall v. Jones, 62 Ga. 725 (1879).
- Former Code 1933, §§ 110-1001 and 37-1211 (see now O.C.G.A. §§ 9-12-60 and9-12-68) have no reference to orders or judgments by the court of ordinary (now probate court) granting to administrators leave to sell property. Hall v. Findley, 188 Ga. 487, 4 S.E.2d 211 (1939).
When a decree is both in personam for money and against specific property, that part which is for money comes within the dormancy statute, while the other does not. Butler v. James, 33 Ga. 148 (1861); Wall v. Jones, 62 Ga. 725 (1879); Cain v. Farmer, 74 Ga. 38 (1884); Fowler v. Bank of Americus, 114 Ga. 417, 40 S.E. 248 (1901); Conway v. Caswell, 121 Ga. 254, 48 S.E. 956, 2 Ann. Cas. 269 (1904).
- This section will apply in an equity case when the decree is "for the payment of money," and not for the recovery of specific property or for the performance of some act or duty, even though the decree for the collection of an unliquidated claim in the amount determined by the decree may be in rem to the extent that it creates and establishes a special lien against particular property when no such lien previously existed. Collier v. Bank of Tupelo, 190 Ga. 598, 10 S.E.2d 62 (1940).
Judgment in rem, entered for enforcing a preexisting lien, is not to become dormant under this section which relates only to liens created by the judgment. Manifestly, a lien which the judgment does not create, the dormancy judgment statutes should not take away. Collier v. Bank of Tupelo, 190 Ga. 598, 10 S.E.2d 62 (1940).
Statute of limitations does not apply to a judgment for temporary alimony. Aliter, as to permanent alimony. Fauver v. Hemperly, 178 Ga. 424, 173 S.E. 82 (1934). But see Bryant v. Bryant, 232 Ga. 160, 205 S.E.2d 223 (1974).
Cited in Fischer v. Fischer, 164 Ga. 81, 137 S.E. 821 (1927); Brown v. Parks, 190 Ga. 540, 9 S.E.2d 897 (1940); Stanley v. Stanley, 141 Ga. App. 411, 233 S.E.2d 454 (1977).
- Survival statutory liability for support of relative, 96 A.L.R. 537.
No results found for Georgia Code 9-12-68.