Thomas Walker & Co. v. Mercer & DeGraffenried
Supreme Court of Georgia
Statute of Limitations. Certiorari. Before Judge Clark. Chambers. Dougherty county. January, 1870. In January, 1870, Mercer & DeGraffenried sued Thomas Walker Sr Company, before a Justice of the Peace, upon an open account made in 1860, 1861 and 1862. It began in November, I860; and,its last item was dated the 15th of September, 1862! No defense was filed except the statute of limitations.
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Statute of Limitations. Certiorari. Before Judge Clark. Chambers. Dougherty county. January, 1870. In January, 1870, Mercer & DeGraffenried sued Thomas Walker Sr Company, before a Justice of the Peace, upon an open account made in 1860, 1861 and 1862. It began in November, I860; and,its last item was dated the 15th of September, 1862! No defense was filed except the statute of limitations. The plaintiff’s attorneys demurred to said plea, *upon the ground that the statute of limitations was suspended by the acts of 1860, 1861, etc. The Justice sustained the demurrer, and gave' judgment for…
1Opinion of the CourtWarner, J.
This was a suit on an open account for $17 00, the first item of which was charged in November, 1860, and the last item of which was charged on the 15th of September, 1862. The account was sued on as one entire debt or demand. The defendants pleaded the statute of limitations in bar of the plaintiff’s right to recover. The record shows that there were mutual dealings between the parties (whether merchants or not, does not affirmatively appear,) up to the 15th September, 1862. Four years, therefore, had not elapsed from the date of the last item in the account to the time of. the suspension-of…
2Cited by5 opinions
- Youmans v. MooreCourt of Appeals of Georgia · 1912
- Madden v. BlainSupreme Court of Georgia · 1880
- Marks v. Maxwell Bros. Furniture Co.Court of Appeals of Georgia · 1935
- Ford v. ClarkSupreme Court of Georgia · 1884
- Rountree v. BrownCourt of Appeals of Georgia · 1918