Western Union Telegraph Co. v. Nunnally
Supreme Court of Georgia
Actions. Penalties. Limitations. Before Judge Meyerhardt. City court of Floyd county. September term, 1890. Reported in the decision.
1Opinion of the Court
Bleckley, Chief Justice.
It appears upon the face of the declaration that the cause of action arose and the plaintiff had knowledge of its existence more than one year before the institution of the suit. The statute of limitations was pleaded, and at the trial the defendant made a motion to dismiss the action because it was barred. This motion ought to have been granted, inasmuch as the plea was supported by facts which appeared on the face of the declaration. Under the code, §3459, the matter of the plea was available by motion, for the truth of it was established by the declaration itself.…
2Cases cited1 opinion
- Western Union Telegraph Co. v. TaylorSupreme Court of Georgia · 1890
3Cited by10 opinions
- Southern Bell Telephone & Telegraph Co. v. CassinSupreme Court of Georgia · 1900
- Woodburn v. Western Union Telegraph Co.Supreme Court of Georgia · 1895
- Southern Railway Co. v. Inman, Akers & InmanCourt of Appeals of Georgia · 1912
- Greene v. Lam Amusement Co.District Court, N.D. Georgia · 1956
- Pitman v. PitmanSupreme Court of Georgia · 1959
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