Legal Opinion

Subluskey v. Fudge

Court of Appeals of Georgia

Decided April 7, 1970No. 45155PublishedCited by 1 opinion

1Opinion of the Court

Hall, Presiding Judge.

Several different rules of law come into play here. First, one who has a tort claim for personal injuries is allowed two years from accrual in which to bring an action. Code Ann. § 3-1004. Second, a tort claimant cannot file a lawsuit against an administrator until 12 months from his qualification. Code § 113-1526; Jones v. Womack, 53 Ga. App. 741 (187 SE 285); Andrews v. Pollard, 121 Ga. App. 69 (172 SE2d 857). The petitioners here, even had they known of the administration, would have had á bare two months to file suit before the estate was closed. Third, a creditor of…

2Cases cited10 opinions

  1. Morris v. JohnstoneSupreme Court of Georgia · 1931
  2. Equitable Building & Loan Ass'n v. BradySupreme Court of Georgia · 1930
  3. In Re the Estate of MilesSupreme Court of North Carolina · 1964
  4. Hornsby v. RodriguezCourt of Appeals of Georgia · 1967
  5. Powell v. BUCHANAN, ADMRXMississippi Supreme Court · 1962

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3Cited by1 opinion

  1. Vance v. Estate of MyersAlaska Supreme Court · 1972

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