Gober v. Burroughs

Grice, Justice.

Nothing will be added to what is announced in the first headnote.

We shall not challenge the right of the defendant to invoke, by an oral motion to dismiss, the defense of the statute of limitations (Cleveland v. Walden, 62 Ga. 163; Davis v. Boyett, 120 Ga. 649, 48 S. E. 188, 66 L. R. A. 258, 102 Am. St. R. 118, 1 Ann. Cas. 386), or deny the correctness of the statement of the general ride relied on by his counsel that the true test to determine when a cause of action accrued is “to ascertain the time when the plaintiff could first have maintained his action to a successful…