Grimsby v. Hudnell
Supreme Court of Georgia
Statute of Limitations. Infancy. Guardian and Ward. Auditors. Practice in Supreme Court. Before Judge John T. Clarke. Olay Superior Court. March Term, 1885. Chas. M. Hudnell and Leola Hudnell brought their bill against Richard B. Grimsby on August 14,1883. Chas. M. subsequently dismissed the bill, as to himself, leaving Leola the only complainant.
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Statute of Limitations. Infancy. Guardian and Ward. Auditors. Practice in Supreme Court. Before Judge John T. Clarke. Olay Superior Court. March Term, 1885. Chas. M. Hudnell and Leola Hudnell brought their bill against Richard B. Grimsby on August 14,1883. Chas. M. subsequently dismissed the bill, as to himself, leaving Leola the only complainant. The bill alleged, in brief, as follows: In 1865, Jared Hudnell, the father of complainants, died, leaving a widow and ten children as his heirs at law. The widow only survived him a few weeks. He left a large estate, both of realty and personalty,…
1Opinion of the Court
Blandeord, Justice.
1. This case arises upon exceptions filed to an auditor’s report.
The first assignment of error is, that the court held that defendant in error was not barred by the statute of limitations, because she was an infant when her right of action accrued, and her action was brought within four years after attaining her majority, although she had a guardian during her minority, and this ruling is the main error complained of.
The right of action in this case was in the infant, and although her guardian might maintain the action in the infant’s name, the title or right was in her. If…
2Cases cited2 opinions
- Wingfield v. VirginSupreme Court of Georgia · 1874
- Christian v. WestbrookSupreme Court of Georgia · 1885
3Cited by9 opinions
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- Nelson v. EstillSupreme Court of Georgia · 1940
- Title Guaranty & Surety Co. v. CowenSupreme Court of Oklahoma · 1916
- Whalen v. CERTAIN-TEED PRODUCTS CORPORATIONCourt of Appeals of Georgia · 1963
- Diffenderfer v. ScottIndiana Court of Appeals · 1892
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