Harrison v. Walker
Supreme Court of Georgia
This was a suit in equity brought in the Superior Court of the county of Putnam, for the purpose of recovering back usury from the defendant in error alleged to have been paid by complainants’ intestate, while in life. The defendant answered the bill, and also pleaded specially the statute of limitations.
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This was a suit in equity brought in the Superior Court of the county of Putnam, for the purpose of recovering back usury from the defendant in error alleged to have been paid by complainants’ intestate, while in life. The defendant answered the bill, and also pleaded specially the statute of limitations. The case came up for trial in the court below at March Term, 1846, before Judge Merriwether, and the bill, answer and plea having been read, the counsel for the complainants tendered in evidence the record of a -former suit between the same parties, and for the same cause of action which had…
1Opinion of the Court
By the court
Nisbet, Judge.
To a bill brought by the plaintiffs in error, in Putnam Superior Court, the defendant, having answered, also plead the Statute of limitations ; to which plea the plaintiffs in error replied the commencement of a former suit, for the same cause of action, before the Statute Bar had attached, between the same parties, its dismissal, and the suing out of their present bill within six months from the dismissal of the first suit. The plaintiffs in error contended that the Act of June, 1806, which authorized a plaintiff having brought suit within time, which suit was…
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