Tarver v. Cowart
Supreme Court of Georgia
Assumpsit and plea of the Statute of Limitations, in Sumter Superior Court. Tried before Judge Warren, May Term, 1848. The action in this case, was brought by the plaintiff in error against the defendant in error, returnable to the November term of the Court below, in 1846, upon a note of hand for $464, made by the defendant’s intestate, bearing date the 29th day of May, 1838, and payable twelve months thereafter.
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Assumpsit and plea of the Statute of Limitations, in Sumter Superior Court. Tried before Judge Warren, May Term, 1848. The action in this case, was brought by the plaintiff in error against the defendant in error, returnable to the November term of the Court below, in 1846, upon a note of hand for $464, made by the defendant’s intestate, bearing date the 29th day of May, 1838, and payable twelve months thereafter. To this action the defendant pleaded the Statute of Limitations. It appeared upon the trial, and by way of reply to this plea, that Thomas G. Cowart, the maker of said note,…
1Opinion of the Court
By the Court.
"Warner, J.
delivering the opinion.
[1.] By the Act of 1809, it is declared, “That all actions founded on notes, and other acknowledgments, under the hand of the *70party, shall be commenced within six years from the time such note or acknowledgment shall become due, and not after.” Prince’s .Dig. 577.
By the 12th section of the Judiciary Act of 1799, it is enacted, that “ No suit or action shall be issued against any executor, or administrator, for any matter or cause, against the testator or intestate of such executor or administrator, in any of the said Courts, until the expiration…
2Cited by3 opinions
- Hawes v. GlovesSupreme Court of Georgia · 1906
- Rowland v. RowlandSupreme Court of Georgia · 1948
- Kirkland v. KrebsCourt of Appeals of Maryland · 1871