Page:Federal Reporter, 1st Series, Volume 7.djvu/768

 756 FEDERAL REPORTER. �plainants' rights under their mortgage takenin 1868. The payments made were as follows : �December 2, 1868, - - -. - - ^ 600 �Januafy 20, 1869, 2,200 �February 1, 1869, 2,400 �Eebruary 15, 1869, - - - - -. - 1,500 �Total, $6,700 �The defendants, by their pleadings and evidence, made the following def ences to the matters set up in the amendaient : �(1) They submitted, by demurrer, that so much of said amendment as related to the non-record of the judgment, and to the ^^alidity and efiect of the judgment for interest, was res adjudicata; that these questions were involved in the issue determined by the supreme court, who heard the case on appeal from the circuit courte and that by their decision the loigality and validity of the verdict and judgment in favor of -Gunn had been expressly sustained. �(2) They denied that, on the argument before the circuit court, itwas admitted that the judgment in favor of Gunn had never been "recorded as required by law." It was admitted that the judgment had never been entered on the minutes of the court, but thia was not required by the law or practice in Georgia, as determined by the supreme court of Georgia in the late case Of Powell v. Perry, at the September term, 1879, rendered siuce the hearing.in the circuit court. But the judgment was entered by the plaintiff's attomey on the back of the declaration, and this is the only entry required by the law of Georgia; that the judgment was, by the law of Georgia, (50 Ga. 378,) a record from its date and notice to the world. �(3) The answer admitted that the judgment had not been recorded on the "complete record " of all the proceedings in all civil cases ; but submitted that this could in no way affect the validity of the judgment, nor its operation as construct- ive notice, because the object of such bock was not to give notice of judgment liens, but only to preserve the evidence of proceedings in the varions civil cases of law, equity, attachment, garnishment, claim, illegality, etc., determined iq ��� �