Lien judgment binding from date of original rendition.

- When on an appeal from a judgment in a justice of the peace court the appellee is successful, the lien of judgment will be taken as binding from the date of the judgment's original rendition, and entitled to superiority over a subsequently rendered judgment, notwithstanding the provisions of this section. Tilley v. King, 193 Ga. 602, 19 S.E.2d 281 (1942), later appeal, 69 Ga. App. 561, 26 S.E.2d 293 (1943).

Liability for frivolous appeals.

- Property alienated pending an appeal is as much bound for the payment of the damages for a frivolous appeal as it is for the payment of the rest of the amount of the appeal judgment. Phillips v. Behn & Foster, 19 Ga. 298 (1856).

Mortgage is alienation.

- Mortgage executed by a defendant against whom a verdict has been rendered, upon which an appeal has been taken, is an alienation, within the sense of this section. Behn & Foster v. Phillips, 18 Ga. 466 (1855).

Effect of evidence not showing possession or title.

- If there is no evidence that the defendant was in possession of property before or after the judgment was rendered against the defendant, and no title was shown in the defendant, the fact that the defendant conveyed the property by deed subsequent to that judgment, and possession was taken thereunder by the vendee, does not render the property liable thereto. Wimberly v. Collier, 50 Ga. 144 (1873).

Cited in Watkins v. Angier, 99 Ga. 519, 27 S.E. 718 (1896); Dodd & Co. v. Glover, 102 Ga. 82, 29 S.E. 158 (1897); Mulherin v. Kennedy, 120 Ga. 1080, 48 S.E. 437 (1904); Landmark First Nat'l Bank v. Schwall & Heuett, 161 Ga. App. 356, 288 S.E.2d 331 (1982).

C.J.S.

- 49 C.J.S., Judgments, § 781 et seq.

ALR.

- Appeal as affecting time allowed by judgment or order appealed from for the performance of a condition affecting a substantive right or obligation, 28 A.L.R. 1029.

Validity of mortgage executed by entryman on public land before patent, 41 A.L.R. 938.