Pare v. Mahone
Supreme Court of Georgia
1. A proceeding by, a creditor to collect his debt by attachment, does not make the debt a statutory liability. 2. ..The defendant, who was one of several makers to a promissory note, and who .resided out of the State at the time the note was made, and has continued to reside out of the State since that time, is not within the exception of the statute of limitation of 8th December, 1806, the exception being, “ when the defendant shall remove out of the jurisdictional limits…
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1. A proceeding by, a creditor to collect his debt by attachment, does not make the debt a statutory liability. 2. ..The defendant, who was one of several makers to a promissory note, and who .resided out of the State at the time the note was made, and has continued to reside out of the State since that time, is not within the exception of the statute of limitation of 8th December, 1806, the exception being, “ when the defendant shall remove out of the jurisdictional limits of this State, that then such persons (entitled to bring such action) shall be at liberty to bring the same action, so…
1Opinion of the Court
By the Court
LYOn, J.,
delivering the opinion.
It is claimed by counsel for the plaintiff in error, that the statute of limitations of this State does not bar this suit for two reasons:
1. That this is a statutory liability.
2. That, as the defendant was not a citizen of the State when the debt was created, and has constantly resided out of *255the State since that time, the case is an exception to the statute, and within this provision of the 2d section of the, Act of 8th of December, 1806: “when the defendomt shall remove out of the jurisdictional limits of this State, that then such persons…
2Cited by10 opinions
- Bigby v. DouglasSupreme Court of Georgia · 1905
- Kirtland v. Tri-State Insurance Co.Supreme Court of Kansas · 1976
- Hollinger v. Board of County CommissionersSupreme Court of Kansas · 1924
- Miller v. RackleySupreme Court of Georgia · 1945
- Nixon v. NixonSupreme Court of Georgia · 1943
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