Linder v. Rowland
Supreme Court of Georgia
Action for damages. Before Judge Daley. Johnson superior court. May 7, 1904. Rowland sued Linder for $10,000, as damages.
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Action for damages. Before Judge Daley. Johnson superior court. May 7, 1904. Rowland sued Linder for $10,000, as damages. The case made by his allegations was as follows: While Rowland was deputy-sheriff, a fi. fa. against Linder was placed in his hands for collection, and on January 1,-1901, the day on which his term of office expired, and before his successor had qualified, he went to Linder’s office, at Linder’s request, to receive payment of the amount due on the fi. fa. -Linder thereupon drew a check in favor of the plaintiffs in fi. fa. for that amount, enclosed the check in an…
1Opinion of the CourtSimmons, C. J.
1. The right of action in this case did not accrue until the injury was suffered; and the plaintiff below was not barred by the statute of limitations, his suit being brought within the proper time.
2. A judgment on an action in assumpsit between certain parties is not a bar to an action of tort brought by the same plaintiff against the same defendants, although some of the facts used in the latter action were relied on in the former.
3. There was no error in any of the charges of the court complained of in the motion for new trial, nor in the admission of evidence. The evidence warranted the…
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