Warren v. Powell
Supreme Court of Georgia
Action for damages. Before Judge Spence. Decatur superior court. May jL6, 1904.
1Opinion of the CourtLamar, J.
The suit was for damages for trespass in cutting . timber. The petition set forth a cause of action. But the special demurrer on the ground that the date of trespass was not alleged should have been sustained and the case dismissed, unless the defect were cured. It is true, as contended by the plaintiff, that the statute of limitations is a defense which may be taken advantage of by plea. But where it appears on the face of the petition that the cause of action is barred, the defendant may take advantage thereof by demurrer; the better practice being for the demurrer itself to set forth in…
2Cases cited4 opinions
- Western Union Telegraph Co. v. GriffithSupreme Court of Georgia · 1900
- Bond v. Central BankSupreme Court of Georgia · 1847
- Coney v. HorneSupreme Court of Georgia · 1894
- Andrews v. ThayerSupreme Court of Connecticut · 1873
3Cited by28 opinions
- Mandeville Mills v. DaleCourt of Appeals of Georgia · 1907
- Dixie Broadcasting Corp. v. RiversSupreme Court of Georgia · 1952
- Kemp v. Central of Georgia Railway Co.Supreme Court of Georgia · 1905
- Lansdell v. LansdellSupreme Court of Georgia · 1916
- Hicks v. HamiltonCourt of Appeals of Georgia · 1907
23 more not listed; retrieve them via the Exa API.