Jordan v. Bosworth
Supreme Court of Georgia
Complaint on note. Before Judge Reid. City court of Atlanta. February 1, 1905. Suit was brought upon a promissory note under seal, dated November 10, 1882, and due one day after date. The defendant pleaded the statute of limitations.
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Complaint on note. Before Judge Reid. City court of Atlanta. February 1, 1905. Suit was brought upon a promissory note under seal, dated November 10, 1882, and due one day after date. The defendant pleaded the statute of limitations. The facts upon which this plea rested were as follows: On November 10, 1902, the plaintiff went to the office of the clerk of the city court, handed him the original petition, and asked hini to file it and issue process, but to hold it in his office until the plaintiff further notified him. The clerk entered upon the petition, “Filed in office this the 10th day…
1Opinion of the CourtCobb, J.
The code provides that actions upon instruments under seal “ shall be brought” within twenty years after the right of action accrues. Civil Code, § 3765. There is no substantial difference between bringing a suit, and commencing a suit; and the section may be read as if it had said suit shall be commenced within twenty years. The Civil Code, § 4973, provides : “ Upon every petition the clerk shall indorse the date of its filing in office, which shall be considered the time of the commencement of the suit.” Obviously the proper construction of this section is, not that the indorsement of the…
2Cases cited12 opinions
- Cox v. StricklandSupreme Court of Georgia · 1904
- McClendon & Co. v. Hernando Phosphate Co.Supreme Court of Georgia · 1897
- Nicholas v. British America Assurance Co.Supreme Court of Georgia · 1900
- Peterson v. TaylorSupreme Court of Georgia · 1854
- Florida Central & Peninsular Railroad v. RaganSupreme Court of Georgia · 1898
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3Cited by27 opinions
- Hilton v. Maddox, Bishop, Hayton Frame & Trim Contractors, Inc.Court of Appeals of Georgia · 1972
- McFarland v. McFarlandSupreme Court of Georgia · 1921
- Barnes v. JustisCourt of Appeals of Georgia · 1996
- Brinson v. Georgia Railroad Bank & Trust Co.Court of Appeals of Georgia · 1932
- Southern Grocery Stores Inc. v. GreerCourt of Appeals of Georgia · 1942
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