Kimbro v. Bank of Fulton
Supreme Court of Georgia
Relief Act of 1870. Statute of limitations. Bank bills. Pleadings. Amendment. Constitutional law. On May 31st, 1871, Kimbro brought suit in the Justice’s Court of the one thousand two hundred and thirty-fourth district, against the Bank of Eulton, on four bills of said bank, dated September 20th, 1868, two for $20 00, one for $50 00, and one for $10 00. Judgment was rendered in favor of the plaintiff, and the case was carried, at the instance of the defendant, to the appeal…
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Relief Act of 1870. Statute of limitations. Bank bills. Pleadings. Amendment. Constitutional law. On May 31st, 1871, Kimbro brought suit in the Justice’s Court of the one thousand two hundred and thirty-fourth district, against the Bank of Eulton, on four bills of said bank, dated September 20th, 1868, two for $20 00, one for $50 00, and one for $10 00. Judgment was rendered in favor of the plaintiff, and the case was carried, at the instance of the defendant, to the appeal docket of thé Superior Court. The defendant pleaded as follows: 1st. That it never had transacted business in the one…
1Opinion of the Court
Trippe, Judge.
1. The charge of the Court below, under the ruling of a majority of this Court, prior to the decision of the Supreme Court of the United States, in Walker vs. Whitehead, was, that it must be made to appear to the jury, on the trial of cases founded on contracts made prior to June 1st, 1865, that all legal taxes due on the contract have been paid. This charge was error, as this Court during the last and present term has held in several cases.
2. The authorities are numerous, and almost without conflict, that the statute of limitations does not apply to bank bills, and it was so…
2Cited by7 opinions
- Terry v. TubmanSupreme Court of the United States · 1876
- United States Fidelity & Guaranty Co. v. Toombs CountySupreme Court of Georgia · 1939
- Johnston v. TalleySupreme Court of Georgia · 1878
- Butts v. Vicksburg & Meridian R. R.Mississippi Supreme Court · 1886
- Samples v. BankU.S. Circuit Court for the Southern District of Georgia · 1873
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