Consolidated Pecan Sales Company v. Savannah Bank & Trust Company

Hall, Presiding Judge.

Suit was filed by two banks against Consolidated Pecan on September 16, 1963, for a debt claimed due and also asking for a receivership. In June 1969, the defendant moved for a dismissal of the suit on indebtedness on the ground that the lapse of five years would work an automatic dismissal under former Code Ann. § 3-512 (Code Ann. § 81A-141 (e)). While there were no orders within this period of time directly concerning the debt action itself, the defendant concedes there were a multitude of orders dealing with the receivership. The defendant filed a notice of appeal…