Ryals v. McArthur 92 Ga. 378

Ryals v. McArthur, survivor.

A judgment rendered by a justice oí the peace at the regular time and place of v holding his court, but which was written out and signed at some other time and place in the district, is not void. The word “ rendered,” as used in section 462 of the code, refers to the making up and announcement of the judgment, and not to the clerical act of reducing it to writing. As was stated in Bowden v. Taylor, 81 Ga. 199, however, “the better and proper practice is for the justice not only to render, but to write out his judgment at the court-ground before he adjourns his court.”

April 3, 1893.

Argued at the last term.

Scire fa cias. Before Judge Roberts. Telfair superior court. October term, 1891.

A judgment for $44.06 principal, interest from July 28th, 1880, and $2.45 costs, was rendered by D. H. Wootten, justice of the peace for the 337th district G. M., on August 8th, 1881, at the regular time and place of holding his court, in favor of McArthur & Griffin against Ryals; but the judgment was not written out and signed then and there, but at some other place and time in the district, after the adjournment of the court at which the judgment was rendered. Execution issued from the judgment on August 18th, 1881, on the back of which was written a constable’s entry, viz : “No property to be found, this 29th day of August, 1881.” Scire facias to revive the judgment was sued out in the justice’s court on May 28th, 1891, by McArthur, surviving partner of McArthur & Griffin. The case was trans*379ferrecL to the superior court by consent appeal, and was submitted to the judge without a jury. He ordered that the judgment be revived, and Ryals excepted.