United States Supreme Court Cases & Opinions

U.S. Supreme Court

Watkins v. Conway, 385 U.S. 188 (1966)

Watkins v. Conway

No. 65

Argued November 9, 1966

Decided December 5, 1966

385 U.S. 188

Syllabus

Appellant obtained a judgment against appellee in Florida, where the statute of limitations for domestic judgments is 20 years. Five years and one day later, he sued on that judgment in Georgia, but was barred in the trial court by a Georgia statute providing that suits on foreign judgments shall be brought "within five years after such judgments have been obtained" (a limitation period shorter than that for Georgia domestic judgments) despite his claim that the statute violated the Full Faith and Credit and Equal Protection Clauses of the Constitution. The Georgia Supreme Court affirmed.

Held: since the Georgia courts have construed the statute to bar suit on a foreign judgment only if the judgment cannot be revived in the State where it was obtained, all appellant need do is return to Florida, revive his judgment, and come back to Georgia and file suit within five years.

221 Ga. 374, 144 S.E.2d 721 affirmed.