Legal Opinion

Leonard v. Cesaroni

Court of Appeals of Georgia

Decided November 10, 1958No. 37417PublishedCited by 2 opinions

1Opinion of the Court

Gardner, Presiding Judge.

Counsel for the plaintiff correctly state that the issue before this court is whether o>r not the items of the account which arose prior to 1951 are, as a matter of law, barred by the statute of limitation. Code § 3-706 provides that the statute of limitation does not run on an open account until the expiration of four years. The statute of limitation is “tolled” for one year following the qualification of an executor or administrator. See Coney v. Horne, 93 Ga. 723 (20 S. E. 213). As has been many times said, the statute of limitation runs from the date when the…

2Cases cited6 opinions

  1. Mobley v. Murray CountySupreme Court of Georgia · 1934
  2. Coney v. HorneSupreme Court of Georgia · 1894
  3. Chandler v. ChandlerSupreme Court of Georgia · 1879
  4. Adkins v. HutchingsSupreme Court of Georgia · 1888
  5. Burkhalter v. BurkhalterCourt of Appeals of Georgia · 1926

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3Cited by2 opinions

  1. Georgia Power Co. v. WombleCourt of Appeals of Georgia · 1979
  2. Blackstock v. MurphySupreme Court of Georgia · 1965

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