Gray v. Hodge
Supreme Court of Georgia
Statute of limitations. Judgment. Evidence. Before Judge Bartlett. Jones Superior Court. April Term, 1873. On May 25th, 1871, suit was commenced by James M. Gray, as executor upon the estate of Nancy T. Parrish, deceased, against Samuel M. Hodge, Henry Christian, and Benjamin T. Finney, on a note made by said defendants on December 2d, 1873, whereby they promised to pay to the plaintiff, on the 1st of December, 1864, f1,000 00. The defendants moved to dismiss the action upon…
Read the full summary
Statute of limitations. Judgment. Evidence. Before Judge Bartlett. Jones Superior Court. April Term, 1873. On May 25th, 1871, suit was commenced by James M. Gray, as executor upon the estate of Nancy T. Parrish, deceased, against Samuel M. Hodge, Henry Christian, and Benjamin T. Finney, on a note made by said defendants on December 2d, 1873, whereby they promised to pay to the plaintiff, on the 1st of December, 1864, f1,000 00. The defendants moved to dismiss the action upon the ground that it was barred by the statute of limitations. It was admitted that suit was commenced by the plaintiff…
1Opinion of the Court
McCay, Judge.
1. Whether that section of the Code permitting a plaintiff who has sued before the statutory bar has attached, and whose suit has been dismissed, to sue again within six months from the dismissal, be of force as a qualification of the limitation Act of March, 1869, or not, this action is barred. The plaintiff shows, by his own evidence, to-wit: by the judgment of dismissal, that he did not bring any suit before the 1st January, 1870, in a Court having jurisdiction. A suit in a Court having no jurisdiction is no suit at all; it is simply a nullity.
2. What was the ground of the…
2Cited by13 opinions
- Atlanta, Knoxville & Northern Railway Co. v. WilsonSupreme Court of Georgia · 1904
- McClendon & Co. v. Hernando Phosphate Co.Supreme Court of Georgia · 1897
- Lamb v. HowardSupreme Court of Georgia · 1920
- Bailey v. BonaparteCourt of Appeals of Georgia · 1972
- Taylor v. StateSupreme Court of Georgia · 1925
8 more not listed; retrieve them via the Exa API.