Calhoun v. Kellogg
Supreme Court of Georgia
Statute of Limitations. Interrogatories. Before Judge' Johnson. Muscogee Superior Court. November Term, 1869. On the 19th of October, 1867',’Kellogg brought complainant on an open-account against A. T. Calhoun, as administrator of. Alexander Calhoun, for the value of a half pipe of brandy, sold to deceased on the 1st of July, 1856. The pleas were the general issue, the Statute of Limitations (four years,) and plene administravit.
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Statute of Limitations. Interrogatories. Before Judge' Johnson. Muscogee Superior Court. November Term, 1869. On the 19th of October, 1867',’Kellogg brought complainant on an open-account against A. T. Calhoun, as administrator of. Alexander Calhoun, for the value of a half pipe of brandy, sold to deceased on the 1st of July, 1856. The pleas were the general issue, the Statute of Limitations (four years,) and plene administravit. On the trial plaintiff’s counsel offered to read in evidence, the-answer of plaintiff to the following Interrogatory. “Look upon the annexed account and relate all…
1Opinion of the Court
By the Court—
BROWN, C. J.,
delivering the opinion. ■
After a careful examination of this cáse, I am satisfied that the defendant is not protected by the Statute of Limitations, if all the time is counted out which is covered by the different Acts of Limitation passed after the secession of the State. And the question is fairly made by the record, whether the Statute was legally suspended by the Acts passed during the war, and, if not, whether the healing' or adopting clause in the new Constitution which was retroactive, revived the right of action, after the statute had fully run during the…
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