DocketNumber: No. 9
Citation Numbers: 5 Ga. 64
Judges: Lumpkin
Filed Date: 7/15/1848
Status: Precedential
Modified Date: 1/12/2023
By the Court.
delivering the opinion.
Two things are manifest from this clause: — First, that the judgment may be entered up at any time after verdict, for the stay of execution is supposed to be subsequent to the signing of judgment, and yet this may be done in open Court-, and second ly from the fact, that upon failure of payment, after the expiration of sixty days, the execution is to issue, both against the principal and his security, it is evident that the law did not contemplate the issuing of an execution against the principal alone, previously.
Seeing no good reason, therefore, for overturning a practice of a half a century’s standing, and one so well understood by our people, we are constrained to reverse the judgment. "VYc can well conceive that special circumstances might exist to justify the issuing of an, execution immediately, as that the defendant was about removing his person or property, or both, without the limits of the State, or that he was a single gentleman, and such like ; but it isfor the Legislature, and not the Courts, to confer this power, •and under such restrictions as the General Assembly may see lit to impose.
Judgment reversed.