Whitley v. Bryant

Section 23-1709 of the Code, which relates to bonds given by contractors to governmental bodies in connection with contracts for public works, and which provides that, "No action can be instituted on said bond after one year from the completion of said contract and the acceptance of said public building or public work by the proper public authorities," creates a limitation on the time within which such an action may be brought, and not a condition annexed to the right of action. Therefore an action filed on such a bond within a year from the completion of the work, which action was dismissed…