P brought a tort action against D in a circuit court of Florida. On October 5, 1955, that court rendered a $25,000 judgment for P. Five years and one day later, P sued upon this judgment in a superior court of Georgia. D raised §3-701 of the Georgia Code as a bar to the proceeding: All suits upon judgments obtained out of this State shall be brought within five years after such judgments shall have been obtained. The Georgia trial court gave summary judgment for D. The Georgia Supreme Court affirmed, also rejecting D's constitutional challenge to §3-701. The Supreme Court granted certiorari.

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