Old Colony Trust Co. v. Atlanta, B. & A. R.
District Court, N.D. Georgia
In Equity. Suit by the Old Colony Trust Company against the Atlanta, Birmingham & Atlantic Railroad Company and others. On intervention of George P. Howard.
1Opinion of the Court
SIBLEY, District Judge.
The special master in the case has recommended the dismissal of the intervention as being barred by the statute of limitation. The intervention was filed more than four years and less than six years after the accrual of the alleged cause of action. The allegations contained in the intervention would support either a cause of action in tort for the conversion of property mis-delivered as therein set out or a breach of the contract for the carriage and delivery of the property. The intervention declares that suit on the “within stated cause of action” was pending in the…
2Cases cited12 opinions
- Atlanta, Knoxville & Northern Railway Co. v. McKinneySupreme Court of Georgia · 1906
- Raleigh & Gaston Railroad v. Pullman Co.Supreme Court of Georgia · 1905
- Baggett v. EdwardsSupreme Court of Georgia · 1906
- Holbrook v. Town of NorcrossSupreme Court of Georgia · 1904
- Lamb v. HowardSupreme Court of Georgia · 1916
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3Cited by2 opinions
- Driskell v. PowellCourt of Appeals for the Fifth Circuit · 1933
- Seaboard Air-Line Railway v. AverettSupreme Court of Georgia · 1925