Rhoad v. Patrick

Citations

• 37 S.C. 517
• 16 S.E. 536
• 1892 S.C. LEXIS 57

Syllabus

<p>1. Trial Justice Judgment—Transcript—Res Judicata.—A decree of the Common Pleas, vacating an execution issued by its clerk on a judgment of a trial justice court, transcripted more than five years after its rendition, but making no determination as to the judgment, as prayed for in the complaint, did not prevent a subsequent order, under proper proceedings, reviving such judgment and giving leave to issue execution.</p> <p>2-, Ibid.—-Ibid.—Revival.—A Court of Common Pleas may order a judgment of its court, obtained before a trial justice, and a transcript lodged more than five years after its rendition, revived eight years after its rendition, and may grant leave to issue an execution thereon.</p> <p>3. Ibid.—Ibid.—Ibid.—A transcript of the trial justice judgment having been filed by the clerk of court, the judgment became a judgment of the Court of Common Pleas, and subject to the law regulating the revival of judgments of that court; and a proceeding in the Common Pleas to revive such transcripted judgment is unaffected by the statute limiting the time for issuing execution on trial justice judgments.</p>