Legal Opinion
Hilton v. Maddox, Bishop, Hayton Frame & Trim Contractors, Inc.
Court of Appeals of Georgia
Decided February 2, 1972No. 46781PublishedCited by 53 opinions
1Opinion of the Court
Eberhardt, Judge.
Since the injury for which damages áre sought was suffered August 7, 1968, this action was barred by the statute of limitation two years from that date unless the statute was tolled by the filing of the complaint.
It has long been the law of this State that "The filing of a declaration in the clerk’s office, when service has been perfected as required by law, will be considered as the commencement of the suit, aliter where there has been no service.” Ferguson v. New Manchester Mfg. Co., 51 Ga. 609. "The mere filing of a declaration in office, unless followed by proper service…
2Cases cited15 opinions
- Cox v. StricklandSupreme Court of Georgia · 1904
- McClendon & Co. v. Hernando Phosphate Co.Supreme Court of Georgia · 1897
- Poullain v. PoullainSupreme Court of Georgia · 1886
- Chance v. Planters Rural Telephone Cooperative, Inc.Supreme Court of Georgia · 1963
- McFarland v. McFarlandSupreme Court of Georgia · 1921
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3Cited by53 opinions
- Hobbs v. ArthurSupreme Court of Georgia · 1994
- Childs v. CatlinCourt of Appeals of Georgia · 1975
- Brooks v. THE STATECourt of Appeals of Georgia · 1973
- James Giles v. State Farm Mutual InsuranceCourt of Appeals of Georgia · 2014
- Cambridge Mutual Fire Insurance Co. v. City Of ClaxtonCourt of Appeals for the Eleventh Circuit · 1983
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