Legal Opinion

Kirkley v. Sharp

Supreme Court of Georgia

Decided May 23, 1896PublishedCited by 36 opinions

Equitable petition. Before' Judge Harris. Carroll superior court. April term, 1895. To the petition of Mrs. Kirkley against Sharp the defendant demurred on the ground, that the cause of action appeared to have arisen more than four years prior to the filing of the declaration. The declaration was amended, but the demurrer was sustained.

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Equitable petition. Before' Judge Harris. Carroll superior court. April term, 1895. To the petition of Mrs. Kirkley against Sharp the defendant demurred on the ground, that the cause of action appeared to have arisen more than four years prior to the filing of the declaration. The declaration was amended, but the demurrer was sustained. The petition was filed to the October term,.1891. It alleged: Defendant is indebted to petitioner $210, with interest since August 1, 1887. On said day defendant executed to her a warranty deed to 35 acres o.f land, more or less, (describing it) for $500. When…

1Opinion of the Court

Lumpkin, Justice.

This was an action by Mrs. Kirkley against Sharp. The substance of her declaration and of an amendment to the same are stated by the reporter. The trial judge, upon an eral demurrer made by the defendant, dismissed the case on the ground that the declaration showed upon its face that the plaintiff’s cause of action, not having been brought within four years from the time the right accrued, was barred by the statute of limitations.

The case is not entirely free from difficulty, but after some reflection we have concluded that the better holding is, that under the facts alleged,…

2Cases cited5 opinions

  1. Norris v. HagginSupreme Court of the United States · 1890
  2. Vigus v. O'BannonIllinois Supreme Court · 1886
  3. Wear v. SkinnerCourt of Appeals of Maryland · 1877
  4. Marler v. SimmonsSupreme Court of Georgia · 1888
  5. Conyers v. KenanSupreme Court of Georgia · 1848

3Cited by36 opinions

  1. Shipman v. Horizon CorporationSupreme Court of Georgia · 1980
  2. Crawford v. CrawfordSupreme Court of Georgia · 1910
  3. Clinton v. State Farm Mutual Automobile InsuranceCourt of Appeals of Georgia · 1964
  4. Brown v. BrownSupreme Court of Georgia · 1953
  5. Stephens v. WalkerSupreme Court of Georgia · 1942

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